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TULANE UNIVERSITY LAW SCHOOL

TULANE

VOL. 2 8 – N O. 1 LAWYER FALL\WINTER 2 0 1 0–11

THE INFINITE FRONTIER LEGAL SCHOLARSHIP IS PERPETUAL PASSION FOR TULANE LAW FACULTY

THIS ISSUE Q & A W I T H N E W L AW

D E A N D AV I D M E Y E R I CONSTITUTIONAL RIGHTS

F O R C O R P O R AT I O N S ? I C O M M E N C E M E N T 2 0 1 0

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DAVID MEYER DEAN

LAUREN VERGONA GAVIOLI EDITOR AND EXECUTIVE ASSISTANT TO THE DEAN

ELLEN J. BRIERRE LAW ALUMNI AFFAIRS

TANA COMAN ART DIRECTION AND DESIGN

CONTRIBUTORS NATHAN BAYS (L ’0 7 ) STELLA CZIMENT (JD CANDIDATE 2 0 1 1 ) ASSOCIATE DEAN SUSAN KRINSKY TULANE NEW WAVE STAFF TULANE UNIVERSITY COMMUNICATIONS AND PUBLICATIONS MADELINE VANN (MPH ’9 8 ) LIZBETH TURNER (L ’8 5 )

PHOTOGRAPHY SALLY ASHER, pages 12, 13 top; FRANK AYMAMI, page 13 bottom; PAULA BURCH-CELENTANO/Tulane University Publications, pages 1, 3, 7, 26, 27, 32; GUILLERMO CABRERA-ROJO, page 11 right; RICK OLIVIER, inside front and back covers; LAUREN V. GAVIOLI, pages 6, 9 top, 14, 20 top, 21, 34–35, 47, 48; JOHN GRIPKA AND COURTNEY HALWIG (JD CANDIDATES 2012), page 17; JOSEPH HALM, page 11 left; ALICIA DUPLESSIS JASMIN/Tulane University Publications, pages 10, 18; ERIK KELLAR/ Naples News, page 42; NATHAN PRIHODA (L ’10), page 15; TRACIE MORRIS SCHAEFER/Tulane University Publications, page 9 bottom.

JOIN T HE CONVERSATION TULANE LAWYER is published by Communication is the most powerful proof of the Tulane Lawyer’s value as a Tulane Law School and is sent to the school’s vehicle for alumni participation. So why wait? Contact the editor today. Lauren alumni, faculty, staff and friends. Gavioli welcomes letters, story ideas, alumni news, and original content from graduates and friends of Tulane Law School. Contributors should submit material via e-mail ([email protected]) or the U.S. Postal Service (Tulane Law School, Tulane University is an Affirmative Action/Equal Tulane Lawyer magazine, 6329 Freret St., New Orleans, LA 70118). Employment Opportunity institution. Due to the volume of alumni correspondence received prior to the print phase of each Tulane Lawyer, a response may take several weeks. Acceptance for To update your information, please visit consideration of contributed material does not guarantee publication. Tulane http://tulane.edu/alumni/updateyourinfo.cfm. Lawyer reserves the right to edit all copy for length, content and style. 58080_TulLaw_01-21:58080_TulLaw_01-21 2/9/11 2:01 PM Page 1

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CONTENTS

3 2 CLOSING REMARKS INTERIM DEAN STEPHEN GRIFFIN RECAPS 2 0 1 0

3 Q&A WITH DEAN DAVID MEYER

6 BRIEFS

22 T H E I N F I N I T E F RO N T I E R The ongoing creative efforts of faculty members build the world of legal scholarship.

ON THE COVER

Tulane faculty research explores frontiers of law, drawing national attention from colleagues and media. Photograph by JACKSON HILL

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34 THE CLASS OF 2 0 1 0

36 ALMA MATTERS CLASS NOTES, REUNIONS, TAX TOPICS

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CLOSING REMARKS

STEPHEN M. GRIFFIN Interim Dean RECAPPING A July 2009–June 2010 YEAR OF GROWTH

y now I hope you have heard Meyer’s appointment is the result of a scholarship, a critical building block of the exciting news that our national search that brought us a scholar our past and future success. While gener- 2010 dean search was of international renown. He also has vast ous donations of chairs and professor- Bsuccessful. Effective July 1, experience working directly with students ships have laid the groundwork, more David Meyer became the 22nd dean of and external constituencies, something we needs to be done. This is an area in which Tulane Law School. He also holds the feel is vital in shaping the future course the law school is constantly competing Mitchell Franklin Professorship. The law of our nationally ranked law program.” with other schools in terms of rankings, school was very fortunate in hiring Dean In addition to completing the dean retaining current faculty and attracting Meyer from the University of Illinois search, we had a very active hiring year, high-quality faculty in the future. College of Law, where he served as pro- which bodes well for the future of the As we enter the second half of the fessor and associate dean for academic law school. For example, Dean Meyer is academic year under the leadership of affairs. The hiring of Dean Meyer speaks joined at Tulane by his wife, Amy Gajda, Dean Meyer, I remind you that this is very well of the extraordinary efforts a former faculty member at the University your law school and our continued suc- made over a two-year period by the Dean of Illinois in both journalism and law. A cess depends largely on the sustained Search Committee under the steady lead- specialist on First Amendment law and engagement of our alumni. Please keep ership of Professor Martin Davies. privacy issues, Gajda is now an associate up in your contacts with the law school, A bit of history on Dean Meyer, whom professor of law. We hired Adam and consider returning to Weinmann Hall I am sure you will meet personally at Feibelman, a commercial law scholar, to see for yourself how much we have forthcoming alumni events around the from the UNC-Chapel Hill School of accomplished. After all, the credit goes country, as well as in the pages that follow. Law, and Colin Crawford from Georgia mostly to each of you. Also, please stand He is a magna cum laude graduate of the State to direct the Payson Center for with your colleagues and former class- University of Michigan Law School, International Development. In addition, mates and keep Tulane Law School in where he served as Editor-in-Chief of the we made two entry level hires. Amy your charitable giving plans. Under the Law Review. He also received his BA in Stein was hired from the Washington, leadership of Dean Meyer and with your History from the University of Michigan, DC, office of Latham and Watkins to loyal support, I am confident Tulane Law with highest honors. After his graduation teach energy and environmental law. School will continue to excel and advance. from law school, Dean Meyer clerked for And Saru Matambanadzo, a graduate of Many of you have asked me whether Judge Harry T. Edwards on the US Court Harvard Law School, was hired from the I am relieved that my role as Interim Dean of Appeals for the DC Circuit and for program in Women’s Studies at UCLA is complete. In truth, my path was made Justice Byron T. White on the US Supreme to teach business law and constitutional smooth by the efforts of our excellent Court. Prior to joining the Illinois faculty law courses. All in all, the post-Katrina faculty and staff, the good wishes of our in 1996, he served as a Legal Advisor to rebuilding of the faculty begun under many friends in Louisiana, and the wel- the Iran-United States Claims Tribunal Dean Larry Ponoroff is now complete. come assistance of our alumni across the 2010–11 in The Hague and practiced law in This issue of the Lawyer highlights nation. Thank you for making my year as Washington, DC, and Chicago. He is the importance of faculty research and dean as easy and successful as it was. widely known in the academic and legal community as an expert on family law FALL\WINTER and constitutional law and is a member “I REMIND YOU THAT THIS IS YOUR LAW SCHOOL of the American Law Institute. AND OUR CONTINUED SUCCESS DEPENDS LARGELY LAWYER When the news of Dean Meyer’s ON THE SUSTAINED ENGAGEMENT OF OUR ALUMNI.” hiring was announced, Tulane University

TULANE President Scott Cowen stated, “David 2 58080_TulLaw_01-21:58080_TulLaw_01-21 2/9/11 2:01 PM Page 3

Q & A DAVID D. MEYER Dean and Mitchell Franklin Professor of Law INTRODUCING DEAN MEYER

Why did you decide to attend law school? legislators, corporate CEOs, university from the challenges of Katrina with new presidents, and foundation and non-profit energy and a powerful sense of purpose. I went to elementary school in Tallahassee, leaders have backgrounds in law. At And, partly because of that experience, Fla., when it was undergoing court-super- the same time, given the expense of law I am convinced that Tulane Law School vised desegregation, and my mother was school, it makes sense for students to now has a unique opportunity in active locally in the Civil Rights move- think carefully about what they want out American legal education. ment. I was deeply impressed with the of their careers and how a legal education power of law to change society and to might fit in their plans. serve as a forum for resolving profoundly “I AM CONVINCED THAT important social conflicts. During and The job of dean seems to be part after college, I worked in journalism and fundraiser, part administrator, part TULANE LAW SCHOOL NOW HAS as an aide to a U.S. Senator, but was cheerleader, part referee. How are you A UNIQUE OPPORTUNITY IN always drawn back to law. Many people finding it? today may see lawyers in a cynical light, AMERICAN LEGAL EDUCATION.” In some ways, it reminds me of law but I’ve always had great faith in the practice. One of the things I missed ability of the profession to solve problems about practice after going into teaching and make society better. was the collaboration, problem-solving, Tulane Law School not only survived After you graduated from law school, and strategic thinking. I love my work as Katrina but is in some ways stronger where were you headed? a teacher and scholar, but it is often pur- today than it was before the storm. We sued independently. Leading a law school have built the faculty back up to its pre- I decided in law school that I ultimately is necessarily a collaborative enterprise: storm strength; the student body is small- wanted to teach, but I also knew that working closely with faculty, students, er and getting stronger; the law school I wanted some experience in practice staff, alumni, and university leaders. And and the university are now returning to before returning to the classroom. I spent every day presents a new set of challenges their pre-storm financial footing. In other roughly three years as a law clerk and and opportunities. Working with others to words, the fundamentals of the law school three years in private practice before start- advance the institution and improve the are very strong. What we now need to do ing as a professor at the University of quality of the experience for students is is to energetically reassert ourselves so Illinois. I worked for Sidley Austin in enormously satisfying. The incredible that the rest of the world fully knows just Washington and Chicago, doing mostly faculty, staff, and students at Tulane make how strong we really are. appellate litigation, and loved it. In fact, this especially enjoyable. One of the consequences of Katrina is as much as I enjoyed being a professor, that Tulane Law School is underappreciat-

You’ve spent your entire professional life FALL\WINTER I actually weighed returning to practice ed nationally. Because of the challenges on the East Coast and in the Midwest. early in my career. of recovery, the law school had to focus What drew you to the opportunity internally. With a smaller faculty, profes- When a prospective student approaches at Tulane? sors had to spend more time in the class- you and says, “I’m not sure I want to 2010–11 I can’t imagine a more exciting place to room and there were fewer resources to practice, but I think I want to go to law be. New Orleans and Tulane have always support research and outreach with the school,” how do you respond? TULANE been special, of course. I remember com- rest of the legal academy and the profes- The practical judgment and analytic skills ing to New Orleans as a child and being sion. Now, for the first time in five years,

developed in law school provide an excel- completely captivated by it. But this is a we have opportunities to think seriously LAWYER lent foundation for a wide variety of particularly exciting time both for the city about building new strength and raising careers. There is a reason why so many and for the university. Both have emerged our national and international profile. 3 58080_TulLaw_01-21:58080_TulLaw_01-21 2/9/11 2:01 PM Page 4

sense that it encourages students to think of the damage even now. But the oil spill broadly about law and to understand in a also helped to highlight the truly remark- sophisticated way how legal systems oper- able strengths of Tulane Law School. ate from a comparative perspective. Yet, it The spill raised a range of important and is simultaneously closely grounded in its daunting new legal and policy questions, community—encouraging students to touching on the potential liability of the develop practical skills through intensive various players, the adequacy of existing engagement with clients and service maritime laws and regulatory regimes, organizations throughout New Orleans innovative mechanisms for compensating and the Gulf Coast. In the five years since victims, the interrelationship of national Katrina, the region has become a magnet and international legal standards, and the Dean Meyer joins more than 1,500 Tulane volunteers to lend for entrepreneurs, artists, community future of the energy industry. No law helping hands to the New Orleans community in observance activists and innovators. Our students are school in the country was better situated of Hurricane Katrina’s fifth anniversary. Below: New Orleans involved in a dizzying range of service to answer these questions, not only Mayor Mitch Landrieu greets Dean Meyer, center, and former activities through externships, clinics, and because of our location but also because Tulane law Dean Paul Verkuil (1978–1985), left. The three pro bono activities, developing valuable of our faculty’s strengths in maritime, connected at a conference co-sponsored by Tulane and the Rockefeller Foundation titled, “New Orleans as a Model City practice skills while contributing to the environmental and international law. for the 21st Century: New Concepts of Urban Innovation.” rebirth of the region. The oil spill disaster highlighted not This makes for a legal education that only Tulane law’s signature expertise but is powerfully well-rounded—highly ambi- also our character. Time and again, our tious and sophisticated in its engagement faculty, students and staff stepped up and with legal theory and global develop- offered themselves in service to help find ments, yet immersed in practical skills solutions. Professors Oliver Houck and development and public-spirited service Robert Force volunteered to organize a to the community just outside our doors. hugely successful, semester-long series of public lectures examining the issues Your first day as dean came on July 1— raised by the oil spill from every angle. day 73 of the oil spill disaster in the Other faculty members advised congres- Do you foresee any new directions for Gulf of Mexico. What was your initial sional members and staff, reporters and the law school? reaction? What is the law school doing institutional investors to better understand in response to the spill?* I see opportunities to project our strengths the legal and policy challenges. The law more clearly. Tulane law’s longtime This city and region have had more than school’s Institute on Water Resources signature strengths—international and their fair share of calamities, that’s for Law and Policy helped to craft an innova- comparative law, maritime law, environ- sure. And, of course, we’re still coming tive framework for a new intergovern- mental law, and clinics—are enormous to understand the full scope and extent mental collaboration in tackling the assets. Right now, law schools across the country are scrambling to build strength in precisely these areas, emphasizing skills training and preparing graduates to practice law in a global context. This is 2010–11 our home turf, and we will maintain our leadership position in these fields. At the same time, there are new oppor- tunities to build out these strengths and FALL\WINTER to highlight the true distinctiveness of a Tulane legal education. One of the most

LAWYER powerful and defining features of the Tulane law experience is that it is both

TULANE global and grounded. It is global in the 4 58080_TulLaw_01-21:58080_TulLaw_01-21 2/9/11 2:01 PM Page 5

Q&A

Dean Meyer and several alums pose for a photo outside the Jirisan Restaurant in Seoul, South Korea. quality of our student body and, relatedly, The dean hosted a dinner for the the affordability of a Tulane law educa- group in July while in Seoul for a tion. Achieving these goals, too, will conference on constitutional law. require help from our alumni. Alumni play an important role in encouraging applicants to consider Tulane, and alumni support for scholarship funds is increas- ingly crucial in ensuring that the best complex environmental challenges. The what their Tulane experience meant to and brightest can continue to choose law school offered up its facilities and them and the impact it had had on their to enroll here. staff to host meetings of White House lives. I was really quite moved by the Since there is no chart explaining the policy staff, the President’s Oil Spill affection they expressed for the law role as dean of Tulane Law School, I Commission, and other government school and the ways it had touched presume you have spoken with a few of officials. The law school’s Payson Center their lives. your predecessors. What advice offered for International Development helped to What role do you see for alumni in the to you has been most advantageous? develop an oil spill tracking map and future of Tulane Law School? disaster leadership training. And these Yes, I’ve benefited greatly from the are just a few examples. Tulane’s incredibly accomplished alumni chance to speak with former Deans Paul As with Katrina before, the Gulf Oil have always been important to the school, Verkuil, Ed Sherman, and Larry Ponoroff, Spill disaster really showed not only the but never more so than today. For decades, as well as Steve Griffin, who so ably great resilience of the people of this our alumni have given back and enriched served as interim dean last year. They’ve region, but also the extraordinary expert- the law school in innumerable ways, all been extremely generous in offering ise and character of our law school. It was teaching our students as adjunct profes- their support and advice. Probably the an early reminder of why I am so proud to sors or visiting lecturers, hiring and men- most striking observation—common to be affiliated with this very special place. toring our graduates, advising the dean and collaborating with faculty, promoting You really hit the ground running—or Tulane to potential students and employ- “ALUMNI SUPPORT FOR SCHOLAR- should I say, “… air flying”—when you ers, and, of course, providing critically SHIP FUNDS IS INCREASINGLY arrived. I don’t think you were in New important financial support for the Orleans for three weeks before boarding CRUCIAL IN ENSURING THAT THE school’s essential programs. a plane to deliver an address at a consti- BEST AND BRIGHTEST CAN CONTINUE It’s always been important for profes- tutional law conference at the Korean sional schools to remain connected with TO CHOOSE TO ENROLL H E R E.” National Assembly in Seoul. You also met those who are practicing the profession, with Tulane law alums there. What did but recent changes in the legal profession you take away from your time there? make close ties with alumni even more each of them—was emphasizing what a It was really a powerful demonstration important to the school’s future. The truly special place Tulane is. It’s not just of the reach and impact of Tulane Law enormous challenges in the job market a great law school in the ways that others School. First, at the conference, I was make it absolutely crucial that our alumni commonly try to be, such as by assem- humbled by the enormous respect look out for Tulane applicants and ensure bling a well-regarded faculty or attracting FALL\WINTER expressed by South Korea’s top legisla- they get a fair shake. Likewise, as law ambitious students. It is really unique. tive and academic leaders for Tulane’s firms and other employers scale back Some of that has to do with New Orleans towering reputation in international and their own supplemental training for new and Louisiana, but a lot of it has to do 2010–11 comparative law. Later, I had a wonderful lawyers, it becomes more important that with the remarkable community of people dinner with about ten Tulane law alums law schools find new ways to provide who have been associated with it through TULANE in Seoul. They are an impressive group, basic skills education for students. This the years. Every day I spend getting to including national leaders in academia, will increasingly require help from our know those people better, either here at

banking, maritime practice, immigration own talented alumni. the law school or out on the road meeting LAWYER law and international human rights work. Finally, another pressing challenge for with alumni, makes me all the more excit- And they each related, in personal terms, our future will be maintaining the high ed and honored to be here as dean.

* For more information on Tulane Law School’s response to the Deepwater Horizon disaster, see page 18. 5 58080_TulLaw_01-21:58080_TulLaw_01-21 2/9/11 2:01 PM Page 6

BRIEFS

Former Dean Edward Sherman’s portrait, left, hangs outside Suite 210 in Weinmann Hall. Right: 2007 law alum Nathan Bays says the portrait of Sherman shows him just as his students know him: “diligently working, but also friendly, accessible and excited for the next opportunity outside the classroom.”

DEAN’S PORTRAIT TELLS A TALE

he “surface and depth” of 1996 to June 2001 and a full-time remembered his time as a student of former Dean Edward Sherman member of the Tulane law faculty, sat Dean Sherman’s. shines in Weinmann Hall from with his wife amidst family, friends and “What makes him truly remarkable his long-awaited portrait, colleagues during the official unveiling. is how committed he is to making sure Tunveiled on November 13, 2009. Perhaps When Interim Dean Stephen Griffin that his students get the most out of their no one was more anxious about the pulled down the white cloth that cloaked educations,” Bays said of Sherman, who unveiling than Sherman himself, because Professor Sherman’s portrait, guests is one of the leading alternative dispute the piece was three years in the making. agreed the wait was worth every second. resolution scholars in the field of law. In the winter of 2006, Sherman and “There are portraits—and then there “Whether he’s answering a series of his wife Alice set out to find the perfect are portraits,” local journalist D. Eric complex litigation questions during Bookhardt once wrote. “The best tell us office hours or just saying ‘hi’ in the something essential about the subject. The hallway, Dean Sherman genuinely enjoys “LIKE LAW, HISTORY OFFERS rest are just pictures” [Gambit Weekly, interacting with students and is extraor- “Face to Face,” August 13, 2002]. dinarily generous with his time.” US A LENS THROUGH WHICH TO Stolin, based in Madisonville, La., The audience also heard remarks from OBSERVE OURSELVES.” couldn’t agree more. Leo Jordan, former vice president and —EDWARD SHERMAN, TULANE “In the end, you come to realize it’s counsel of State Farm; Steve Plotkin, not the person or picture, but the human- former Judge, Louisiana Fourth Circuit LAW SCHOOL: THE FIRST 1 5 0 YEARS ness—both its surface and its depth— Court of Appeal; Jack Ratliff, Professor that the portrait is to represent,” said the Emeritus, University of Texas School of Ukrainian-born painter. Stolin trained Law; Cindy Samuel, Professor, Tulane artist—insightful and skilled, yet from the age of 9 to serve the Soviet Law School; and Tom Schornhorst, sensitive enough—to capture, celebrate state as an artist. “To distill in my paint- Professor Emeritus, Indiana University 2010–11 and preserve the memories of Tulane ing even a piece of the subject’s life School of Law. University Law School’s 20th dean. essence, soul and character … In the Edward Sherman’s portrait now hangs Months of research and numerous inter- end, that is what truly matters.” outside Suite 210, just steps from the views later, the couple commissioned Most of the guests in attendance knew portrait of Dean John Kramer, Sherman’s FALL\WINTER local portrait artist Alexander “Sasha” Sherman personally and several close predecessor, who stepped down in 1996. Stolin, who began work on the piece in colleagues delivered remarks in tribute Individual portraits of more than a dozen

LAWYER the summer of 2007. to the former dean. Tulane law graduate past deans hang throughout Weinmann More than two years later, Sherman, Nathan Bays (L ’07), a law clerk at the Hall as tributes in honor of each individ-

TULANE dean of Tulane Law School from July Fifth U.S. Circuit Court of Appeals, ual’s service to Tulane Law School. 6 58080_TulLaw_01-21:58080_TulLaw_01-21 2/9/11 2:01 PM Page 7

ADR SCHOLAR ON AGENDA

BILL PITTS, who holds two degrees from Tulane, is the 2010 Distinguished ADR Scholar in Residence. In March 2009, Pitts spoke to a law class and gave a talk during the day. Giving advice to students who are interested in career opportunities in mediation and arbitration is part of Pitts’ law school agenda. In addition to meeting with students, Pitts was honored by the law school at a lunch- eon marking his 30 years as an adjunct professor, teaching trial advocacy as well as negotiation and mediation advocacy. When it comes to teaching Tulane law students about alternative dispute resolution (ADR), Bill Pitts (L ’69) is the expert. On March 23, he spent the day working with law students.

FIFTH CIRCUIT RETURNS TO TULANE LAW SCHOOL

three-judge panel of the United States Court of Appeals for the Fifth ACircuit heard arguments on February 2, 2010, in Room 110 of the law school’s John Giffen Weinmann Hall. Members of the law community heard three pending cases from the 5th Circuit’s docket—an unusual opportunity for students to see the real-life practice of law through the lens of an appellate court case. Because the event has drawn a stand- ing-room-only attendance for the past Fifth U.S. Circuit Court of Appeals judges Thomas Morrow Reavley, W. Eugene Davis (L ’60) FALL\WINTER several years, students and faculty began and Carl E. Stewart pose for a photo before court begins. lining up to get a seat well before judges entered at 9 a.m. Fortunately, thanks questions from students about the appli- to three times a year in cities outside 2010–11 to “smart room” technology installed cation process for clerkships and the New Orleans and at least once annually during the 2009 summer break, a live duties of an appellate law clerk. at a law school. Arguments presented TULANE broadcast of the arguments was available The 5th Circuit, which decides appeals this year included: Siegfried v. Greer in an additional classroom for the from lower federal courts in Texas, (Habeas); United States of America v.

overflow crowd. Louisiana, and Mississippi, holds most Casita Enterprises, Inc. and Dexter Axle LAWYER After the proceedings, several of the hearings at its 600 Camp St. headquar- Co.; and Wampler v. Southwestern Bell judges’ law clerks remained to answer ters in New Orleans but convenes two Telephone Company. 7 58080_TulLaw_01-21:58080_TulLaw_01-21 2/9/11 2:01 PM Page 8

BRIEFS

CORPORATELAWCONFERENCE MAKESWAVES

he second-day agenda for the relevant topics and updates to corporate Accountability by Troy A. Paredes, a 22nd annual Tulane Corporate and securities law. Last year’s event, held commissioner of the U.S. Securities and Law Institute ground to a brief April 15 and 16, 2010, at the Roosevelt Exchange Commission, this year’s speak- halt with the news that the Waldorf-Astoria New Orleans, included ers included the following: SecuritiesT and Exchange Commission presentations on the current M&A envi- • Michele M. Anderson, Chief, Office (SEC) was filing a fraud complaint ronment, the SEC’s proposed approach of Mergers and Acquisitions, Securities against Goldman Sachs. Journalists to shareholder proxy access, managing and Exchange Commission sought high-profile conference attendees antitrust risk in M&A transactions, the • Douglas L. Braunstein, Head of for comment while other participants “distressed M&A” marketplace, and Investment Banking, JP Morgan Chase & Co. • Hon. Jack B. Jacobs, Justice, Supreme “WENEEDTOGETPASTPOINT[S]ATWHICHBOARDS Court of Delaware • Robert Khuzami, Director, Division of PRUDENTLYTAKEINTOACCOUNTRISK.WENEEDTOGET Enforcement, Securities and Exchange THEMTODOIRRATIONALDEALS.[WHY?]THOSEARETHE Commission DEALSTHATMAKETHISCONFERENCEFUN.” • Robert A. Kindler, Vice Chairman, Morgan Stanley & Co. Incorporated —HON.LEOE.STRINEJR., • Hon. J. Travis Laster, Vice Chancellor, VICECHANCELLORFORDELAWARE’SCOURTOFCHANCERY Delaware Court of Chancery • Barry W. Ridings, Vice Chairman of Investment Banking & Co-Head of were called briefly back to business. recent case law and statutory develop- Global Restructuring, Lazard Freres The news caused an immediate 13 ments in Delaware, among other topics. & Co. LLC percent drop in Goldman’s stock price Approximately 330 attorneys from • Hon. Myron T. Steele, Chief Justice, and a 1.3 percent decline in the market major firms across the U.S. and Canada, Delaware Supreme Court as a whole—and confirmed that the as well as in-house counsel, convened • Hon. Leo E. Strine Jr., Vice Chancel- Tulane conference had achieved a goal in record attendance at the April 2010 lor, Delaware Court of Chancery set long ago. event. Attendees enjoyed the opportunity David Faber, a market news analyst In the late 1980s, Delaware Supreme to network with peers at an evening from CNBC, was also on hand to con- Court Justice Andrew G.T. Moore II cocktail reception sponsored by the duct several 10-minute live interviews (L ’60) and a group of New Orleans Delaware Office of the Secretary with speakers from the conference. corporate practitioners were among those of State. The program qualified for 12.5 CLE who undertook an aggressive goal: to In addition to a keynote address on credit hours and included one hour of establish a new annual platform for a Financial Regulation and Corporate ethics and one hour of professionalism. gathering of national leaders in the fields of law and business. Twenty-two years later, the conference remains a critical “DRAWINGREGULATORYLINESTHATSTRIKETHE meeting place for the most high-profile PROPERBALANCEISNOTEASY,BUTITISFUNDA- lawyers and bankers from around the MENTALIFREGULATIONAFTERTHEFINANCIAL

FALL\WINTER 2010–11 United States, as well as judges, journal- ists, and others who follow the deal- CRISISISTODOMOREGOODTHANHARM.” making world. —COMMISSIONERTROYPAREDES, The two-day M&A and corporate law conference that takes place in downtown U.S.SECURITIESANDEXCHANGECOMMISSION

TULANE LAWYER New Orleans every spring focuses on 8 58080_TulLaw_01-21:58080_TulLaw_01-21 2/9/11 2:01 PM Page 9

M C GLINCHEY LECTURE ON FEDERAL LITIGATION

RECONCILING CONSTITUTIONALISM AND ORIGINAL INTENT

AWRENCE SOLUM is THE McGLINCHEY LECTURE Associate Dean for Faculty was established in 1996 by the law firm and Research and the John of McGlinchey Stafford, to honor its E. Cribbet Professor of founder, the late Dermot S. McGlinchey, LawL and Philosophy at the University a distinguished Tulane Law School grad- of Illinois College of Law, but he may uate (L ’57). McGlinchey was a dedicat- be best known as the author of “Legal ed supporter of the school, and his many Theory Blog” (Isolum.typepad.com). He charitable contributions included service is an internationally recognized expert on as the chairman of the school’s building Legal Theory, who works on the philoso- fund. He devoted much of his life to pro- phy of law, civil procedure, constitutional moting equal access to the courts, and he theory, internet governance, and a variety revitalized the Louisiana Bar Foundation. of other topics. His blog is widely recog- Because he was an expert in insurance nized as one of the most influential law and civil litigation, the McGlinchey Professor Lawrence Solum, Associate Dean for sources of commentary about the world Lecture is broadly dedicated to the fields Faculty and Research and John E. Cribbet Professor of legal ideas. He gave his lecture at of litigation practice, judicial adjudica- of Law and Philosophy, University of Illinois Tulane law on Feb. 8, 2010. tion and justice under law. College of Law, is the 2010 McGlinchey lecturer.

DREYFOUS LECTURE ACLU’S ON CIVIL LIBERTIES AND HUMAN RIGHTS FIGHT FOR internal debate about how to handle LIBERTY alleged terror suspects. He discussed President Obama’s hen Anthony Romero decision to discontinue the torture of was a student in law detainees, close the Guantanamo Bay school, he began camp and protect the right to representa- fighting for the rights tion and fair trials for terror suspects. Wof the underprivileged. During his visit Romero shared specific examples of con- to the law school as the 2010 Dreyfous Anthony Romero, left, executive director of cerns relevant to detainees, such as the the American Civil Liberties Union (ACLU), Lecturer, he shared his story of entering accuracy of translation services offered

answers questions after the Dreyfous Lecture, FALL\WINTER the fray to protect civil liberties during a in the military courts. while Jancy C. Hoeffel, vice dean of academ- time of crisis in America. Just four days “A defendant might speak for three ic affairs, Tulane law, observes. before the September 11 attacks in 2001, minutes in his language and the English Romero took office as executive director translation is only one minute. Some- 2010–11 of the American Civil Liberties Union. Almost nine years later, Romero thing isn’t right there,” argued Romero. Soon after the enactment of the Patriot says that pressure from competing ends Romero’s lecture on March 17, part of TULANE Act, Romero launched the Keep America of the political spectrum continues to the George Abel Dreyfous Lecture Series Safe and Free campaign designed to get in the way of the country’s ability to On Civil Liberties and Human Rights,

restore individual freedoms, due-process make decisions. was titled “Collateral Damage: The War LAWYER rights and the government’s system of Romero cited several current events on Terror, Attacks on the Courts, the checks and balances. as examples of the country’s ongoing Effect on Liberty.” 9 58080_TulLaw_01-21:58080_TulLaw_01-21 2/9/11 2:01 PM Page 10

BRIEFS

2 0 1 0 GRADUATE AWARDED EQUALITY IN FELLOWSHIP, “DREAM JOB” PROGRESS

hristopher Bernhardt (L ’10) Bernhardt applied for the position in Tulane Law School co-hosted the fourth Annual received one of two Hunton October of 2009 because “it looked like Meeting of Law School Diversity Professionals & Williams Pro Bono a dream job.” in late April 2010. The event’s central goals—to Fellowship Awards for In response to federal budget cuts and discuss and implement effective strategies for 2010–2012.C Bernhardt, the 2009–2010 other reductions in funds for Legal Aid recruitment, matriculation, retention, and sup- president of the law school’s Public Services, Hunton & Williams maintains port of students from diverse backgrounds, as Interest Law Foundation, currently the two fellowship positions for attorneys well as diversity-related law school policies and serves as a member of the law firm’s whose time is entirely committed to pro practices—have proven to be successful. litigation team in Richmond, Va. bono work. Each Fellow spends signifi- “Tulane Law School embraces its institution- “I get to control my own docket … cant time in the courtroom and serves al commitment to foster a multicultural environ- mainly family law, particularly domestic as a useful resource for other attorneys ment where every member of the law school violence, and housing,” said Bernhardt seeking assistance on pro bono matters. community is valued,” said Interim Dean of his two-year fellowship. “I am plan- The fellowships were enhanced in 2004 Stephen Griffin. “The opportunity to host the ning on doing outreach in the Spanish- to provide $10,000 each year for law 4th Annual Meeting allows us the ability to speaking community and work with the school debt repayment. contribute to our collective diversity initiatives local wage claim clinic.” and cross-pollinate ideas.”

RESCUING THE DOGS OF THE NINTH WARD

he abandoned pit bull puppy downtown neighborhoods,” says Gaus, Gaus is not new to community was hairless, starved and currently in her second year of law service. After earning an undergraduate bleeding. Tulane law student school. “The dogs are fully vet-checked, degree from Tulane, she worked for two Kelly Gaus found the suffer- vaccinated, dewormed, microchipped, years as a senior program coordinator at ingT animal as she was walking her own and spayed or neutered. I then place the the Tulane Center for Public Service. dogs around her Ninth Ward neighbor- dogs or puppies in loving foster homes, “We have a remarkably bad stray popu- hood of New Orleans. where they stay until they are adopted.” lation,” says Gaus. “People dump dogs “I couldn’t leave her and decided to Other Tulane students are assisting the from other areas. Most of our dogs are save her,” says Gaus. And so, Dogs of rescue efforts as well. Second-year law actually abandoned, not stray in the sense the Ninth Ward or “D9,” Gaus’s dog student Ellen Forrester is among the that they were born on the street.” rescue organization, was born. community volunteers who provide Pet abandonment may have increased “I pull stray or abandoned dogs off foster homes for newly rescued animals since Hurricane Katrina. the streets of the Ninth Ward and nearby until they are permanently adopted. “The numbers have definitely 2010–11 increased,” Gaus says. “We’re up to about the 8th or 9th generation post-K. But there was always a severe problem in Second-year Tulane

FALL\WINTER the Ninth Ward, as well as certain other law student Kelly Gaus areas like Central City and New Orleans cuddles 2009 rescues, East. It’s just gotten worse as funding German Shepherd pup- LAWYER pies Breesie, right, and and efforts have shifted to rebuilding.” Vilma, left, affectionately For more information, visit Gaus’s blog

TULANE named after New at http://dogsofthe9thward.blogspot.com. 10 Orleans Saints players. 58080_TulLaw_01-21:58080_TulLaw_01-21 2/9/11 2:01 PM Page 11

PROTECTING WOMEN STEP BY STEP

he Tulane Law School Domestic Violence Clinic has created step-by-step protective order kits for female victims of domestic violence.T The kits, which operate as a learn- ing tool for victims who are representing themselves in court for the first time, came together with a joint effort of original research provided by former law students at Child advocacy attorney Richard Ducote, left, talks with Wendy Hadfield, vice president of Tulane the clinic and the continued diligent work Law Women’s Association, at a domestic violence conference held at Tulane. of undergraduate interns, who have become the current backbone of the project. “Without the help of undergraduate ADVOCATES LOOK AT interns, our students and staff would not have been able to complete this vital proj- VIOLENCE ISSUES ect,” says Kati Bambrick, director for devel- opment and programs for the clinic. ore than 100 law stu- hands—judges can’t grant custody to Last year, Lauren Britsch completed dents, attorneys, and abusers because of this act,” he said, the layout and design of the kits, breaking social workers learned describing the presumption against cus- down the dense material. Intern Madeleine Mon March 17, 2010, that tody for litigants who are found to be Minton continues to edit the project, while defending domestic violence victims perpetrators of family violence. developing versions for Jefferson Parish takes a common language between men- Speaking about preventing visitation and Spanish language materials. tal health professionals and attorneys. with parents who have abused their own Presenters at the session included Tulane children, Ducote says, “You’d think that alumnus Richard Ducote, a nationally some of these things are obvious, and recognized child advocacy attorney. I think they are. But the court seems to The Tulane Law Women’s Association struggle with these things. I get accused sponsored the continuing education event all the time of not wanting fathers to focusing on custody and divorce cases see their children or wanting to create involving domestic violence, assessing conflict.” a child custody evaluation, and ethics of Presenters also encouraged profession- representing domestic violence victims. als to make fully informed decisions for Other speakers were Tania Tetlow, their clients and described the challenges director of the law school’s Domestic faced in representing domestic violence Violence Clinic (DVC), and Becki victims. Ducote criticized family law Kondkar, a national expert on child courts for focusing on reducing conflict custody cases with domestic violence above all else, while Tetlow described the concerns and instructor in the DVC. stigma victims can carry and how this “You are literally saving lives when affects victims’ court cases. you do this work, but it is not easy,” While the event focused on the legali- Tania Tetlow, left, director of Tulane Law Tetlow said. ties of domestic violence and custody Domestic Violence Clinic, and Madeleine Ducote emphasized the importance issues, Tetlow said this information has Minton, the clinic’s undergraduate intern, of the landmark Louisiana legislation value for social workers as well, to better work to create step-by-step protective order that he wrote, the Post-Separation Family assist their clients. kits for New Orleans women in need. Violence Relief Act. “It ties their 11 58080_TulLaw_01-21:58080_TulLaw_01-21 2/9/11 2:01 PM Page 12

BRIEFS

THE DEBATE: CONSTITUTIONAL RIGHTS FOR CORPORATIONS?

hould corporations have making independent expenditures from More importantly, he urged the court constitutional rights? Last their corporate treasuries to support or to remember that it had long ago recog- September, the Supreme defeat candidates do serve an important nized that the correct question to ask Court heard oral arguments interest, the court held, namely the inter- about restrictions of corporate speech Sin the case of Citizens United v. Federal est in eliminating the “corrosive and dis- rights is whether such restrictions Election Commission. The issue was torting effects of immense aggregations infringe the kind of speech that the First whether the court should overrule one of of wealth” that are accumulated with the Amendment was intended to protect, its own precedents, a case called Austin help of the corporate form. and robust debate about candidates for v. Michigan Chamber of Commerce, In Citizens United, Solicitor General elective office is precisely that kind of decided in 1990. In Austin, the court Elena Kagan urged the court not to speech. Indeed, it is the most fundamen- assumed that corporations have First overrule Austin, though not because tal kind of protected speech. Amendment rights, but these rights independent corporate expenditures have Several justices during the oral argu- can be overridden by laws that serve “corrosive and distorting effects.” Instead, ment wondered whether corporations important countervailing interests. she argued, restrictions on such spending should even have First Amendment Laws that prohibit corporations from were necessary to prevent the corruption rights. They echoed the views of people of candidates for federal office. This was who find it anomalous that corporations a difficult argument to make, since the are protected by the First Amendment in court has explicitly rejected the idea that particular and the Constitution in gener- independent expenditures have the poten- al. After all, as Justice Ginsburg noted, tial to corrupt candidates. In addition, she corporations are not “endowed by the argued that the restrictions were neces- creator with inalienable rights.” And at sary to protect shareholders who do not first blush it does seem rather natural to share the corporation’s political views. think that constitutional rights belong Former Solicitor General Ted Olson to real persons and not to artificial ones argued in behalf of Citizens United. He such as corporations. stressed that the law at issue restricted the But this way of thinking about corpo- political expenditures of all corporations, rations and the Constitution misses some not just of the few that have accumulated important realities. Consider just two. immense aggregations of wealth. First, corporations are ubiquitous. They serve the very valuable social func- PHELPS LECTURE tion of permitting individuals to pool ON FIRST AMENDMENT their resources for an endless and unlim- ited variety of productive and useful pursuits. The corporate form provides JUSTICE GINSBURG NOTED, CORPORATIONS a convenient and efficient way for real ARE NOT “ENDOWED BY THE CREATOR WITH persons to engage cooperatively in all 2010–11 INALIENABLE RIGHTS.” AND AT FIRST BLUSH manner of human activity, from provid- ing goods and services for profit, to IT DOES SEEM RATHER NATURAL TO THINK worshipping, to conducting scientific THAT CONSTITUTIONAL RIGHTS BELONG TO FALL\WINTER research, to educating people, to REAL PERSONS AND NOT TO ARTIFICIAL advocating for causes, to engaging in charitable work in local communities.

LAWYER ONES SUCH AS CORPORATIONS. The Times-Picayune is a corpora- tion—as is Google. So are the ACLU

TULANE and the NRA. So are nearly all private 12 58080_TulLaw_01-21:58080_TulLaw_01-21 2/9/11 2:01 PM Page 13

universities, most nonprofit organiza- compensation. If these amendments Lillian R. BeVier is the David and Mary tions, most churches and most business- did not apply to corporations, the power Harrison Distinguished Professor of Law es, from the big multinationals to the of government to act arbitrarily—to at the University of Virginia School of neighborhood mom-and-pops. Thus, real suppress dissent, to unfairly arrest and Law. Professor BeVier delivered the people are protected by constitutional try wrongdoers, to seize private proper- 2009–2010 Ashton Phelps Lecture on rights for corporations. ty—would be vastly increased. the First Amendment on November 17, Second, a principal function of the So, the answer to the question 2009, at 5 p.m. at Tulane Law School in Constitution is to constrain arbitrary gov- whether corporations should have Room 110. The title of her lecture was ernment power. Recognizing that corpo- constitutional rights seems clear: Since “Freedom, Fairness, and the F-Word: rations have constitutional rights is an the federal government already is far Reflections on the Yin and Yang of the important and perhaps an indispensable more powerful than even the very First Amendment.” means of accomplishing this goal. largest private corporation, and since The First Amendment prohibits gov- the corporate form facilitates such an A Times-Picayune guest column, ernment from suppressing dissent. The endless diversity of productive human Saturday, November 14, 2009 Fourth Amendment limits government’s enterprises, it would surely be a mistake By Lillian R. BeVier, Contributing Op-Ed ability unfairly to arrest and try alleged to yield more power to the government columnist, Tulane law Phelps lecturer wrongdoers. The Fifth Amendment by taking from corporations the protec- stops government from taking private tions against government arbitrariness © 2010 NOLA.com. All rights reserved property for public use without paying that the Constitution provides.

HONORING FRIENDS AND FELLOWS

wo Audubon Place, home to Robert C. Hinckley (L ’76), Sam Scott Miller (L ’64), Tulane University President Hon. Martin L.C. Feldman (L ’57) and Sandra Kramer Scott Cowen, was the setting for Tulane Law School’s FriendsT and Fellows of the Law School celebration on November 6, 2009. Now Standing, left to right, Interim Dean Steve Griffin, in its second year, the annual donor Albert Mintz (L ’51), Sylvan J. Steinberg (L ’57); appreciation event recognizes those seated, left to right, Linda Mintz and Judy Steinberg individuals—alumni, parents, and friends—who enable this institution to operate by giving $1,500 or more to the Tulane Law Fund. We would love to see you at next year’s event. For more information about Lettice and Walter B. Stuart IV (L ’73), Sandra M. the Tulane Law Fund and Fellows Feingerts and Hon. Jacques L. Wiener Jr. (L ’61) program, please contact Emily Roberts at 504-247-1384 or via e-mail at Left: Susan G. Talley (L ’81), Harry Hardin (L ’70), [email protected]. Rose LeBreton (L ’76) and James C. Gulotta Jr. (L ’76) 13 58080_TulLaw_01-21:58080_TulLaw_01-21 2/9/11 2:01 PM Page 14

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JAMES CARVILLE LOOKS AT AMERICAN POLITICS

he annual Gauthier Lecture he has appeared on CNN’s news pro- lived up to its stated goals in gram, “The Situation Room.” As of 2010 as national political 2009, he hosts a weekly program on XM expert James Carville took Radio titled “60/20 Sports” with Luke theT podium to speak about contemporary Russert, son of the late Tim Russert who politics. The event drew a standing room hosted NBC’s “Meet The Press.” Carville only attendance, filling all 152 seats of and his wife, Republican political con- the law school’s room 110 and an addi- sultant Mary Matalin, relocated their tional 100 in room 257, which welcomed family from Virginia to New Orleans in the overflow of guests. 2008. In 2009, he began teaching politi- cal science at Tulane University. American political consultant, strategist, commentator, attorney JAMES CARVILLE is an American and author Chester “James” Carville Jr. takes a look at political consultant, commentator, educa- WENDELL H. GAUTHIER was one American politics on March 2, 2010. tor, actor, attorney, media personality of the country’s foremost trial attorneys and prominent liberal pundit. He gained and rose to national prominence repre- controversial cases included the ground- national attention for his work as the senting victims of the 1982 crash of Pan breaking Castano litigation filed against lead strategist of the successful presiden- Am Flight 759 in Kenner. He also repre- several tobacco companies. During the tial campaign of then-Arkansas governor sented victims of a major hotel fire at the litigation, he discovered documents Bill Clinton. Carville was a co-host of MGM Grand in Las Vegas and at the col- exposing a corporate cover-up of nico- CNN’s “Crossfire” until its final broad- lapse of a walkway at a Hyatt Regency in tine’s addictive potential. The revelation cast in June 2005. Since its cancellation, Kansas City. One of Gauthier’s most paved the way for the industry’s land- mark $246 billion settlement with the states in 1998. Gauthier died in December 2001. GAUTHIER LECTURE ON APPLIED TRIAL ADVOCACY

IN CONJUNCTION with this year’s Gauthier Lecture, in return for the Gauthier family’s long-standing gen- erosity, Tulane Law School officially renamed Room 110 of Weinmann Hall “The Wendell H. Gauthier Appellate 2010–11 Moot Court Room.” On the continuation and future of the Gauthier Lecture, Interim Dean Stephen

FALL\WINTER Griffin remarked, “We are very happy to have the Gauthier family and friends remain a part of the law school’s lecture LAWYER series, which will be a continuing and exciting addition in Tulane’s effort to Left to right, Trenton Gauthier (son of Celeste Gauthier), Anne Gauthier, James Carville,

TULANE reach out to a wider public.” Celeste, and Cherie Gauthier Lirette. 14 58080_TulLaw_01-21:58080_TulLaw_01-21 2/9/11 2:01 PM Page 15

Members of the 2009–10 Tulane Law School Moot Court team, graduates of the law class of 2010 (left to right, Marcus Edwards, Julia Farinas, Nathan Prihoda and Andrew Miragliotta), pose with 2010 competition finalists from Loyola University Law School (New Orleans) and Southwestern Law School.

ATTULANE,MARDIGRAS Pat Williams four games for violating the sport’s anti-doping policy. MEANSSPORTSLAW Tulane sports law professor Gabe Feldman chaired and sat on the panel of judges. Of the Loyola law team, he stated, arnival isn’t just about parades preeminent sports law appellate advocacy “If you closed your eyes and didn’t know and festivities. For Tulane Law competition. “Teams travel from all over these were students, you would have School, it’s also time for the the country to New Orleans to argue a thought they were lawyers who were prac- CMardi Gras Invitational. problem ripped from the headlines of ticing 10 or 15 years, their presentation Teams from 40 colleges and universities modern sports law news,” he explained. was that good.” were in New Orleans in February 2010 for This year’s competition surrounded Feldman should know. He testified the appellate advocacy competition. the National Football League (NFL) against the NFL at the StarCaps The Tulane-sponsored moot court com- “StarCaps” case. Congressional hearing in November 2009. petition is in its 15th year and “our biggest Teams from New England to the In addition to Feldman, judges for the ever,” said Nathan Prihoda, a third-year Pacific coast and from the Deep South to 2010 competition were as follows: Tulane Tulane law student and chief justice of the the Midwest competed in several rounds at alumnus Joe Ettinger (L ’56); Richard student-run Moot Court Board. the Eastern District Courthouse in down- House, general counsel for the New The Tulane appellate competition previ- town New Orleans. At the end of the final Orleans Hornets; Andrew Brandt, former ously dealt with problems such as com- day, a team from Loyola University New vice president of the Green Bay Packers plex intellectual property and licensing Orleans School of Law won the Moot and founder of the National Football Post issues and federal preemption of state Court Mardi Gras Invitational, convincing newsletter and website; Judge John Grout laws, but now it is focused on sports law. a panel of six legal experts the NFL was of the Louisiana Department of Labor; Prihoda said the event is the nation’s right to suspend the Vikings’ Kevin and and Tulane law professor Herb Larson.

TULANELAWHOSTSACMATOURNAMENT

TULANE LAW SCHOOL hosted the American Collegiate Court, along with Tulane law Professor Onnig Dombalagian Moot Court Association’s (ACMA) National Tournament on and prominent New Orleans attorney Tony DiLeo (L ’70), January 14 and 15, 2011. A total of 64 undergraduate teams both of whom served as associate justices. from around the country came to Tulane to compete after “This was the first time Tulane hosted the ACMA 2010–11 FALL\WINTER winning competitions in eight regions. championships,” said Tulane Law School Associate Dean Over the tournament’s two days, participating teams Susan Krinsky. “This was a wonderful opportunity for us to engaged in oral argument before three-judge panels composed showcase Tulane Law School and New Orleans to prospective of more than 100 local judges and lawyers, many of them law students from across the country. In addition, we were able Tulane law graduates who volunteered to arbitrate the rounds. to take advantage of the extraordinary talent pool of our local UAELAWYER TULANE The fictional tournament case addressed mandatory health alumni. I think all of the volunteer judges were impressed by care and same-sex marriage. the exceptional quality evidenced by the competitors.” After seven rounds of hearings, the final championship Alex Harris and Brett Harris from Patrick Henry College, round took place before the Honorable Fredericka Wicker a 357-student liberal arts college in Purcellville, Va., won (L ’77) who presided as Chief Justice of the Tulane Supreme the national tournament. 15 58080_TulLaw_01-21:58080_TulLaw_01-21 2/9/11 2:01 PM Page 16

BRIEFS

MOOT COURT TEAM REACHES NATIONAL

SEMIFINALS Left to right, Joseph P.Briggett, Thadeus Culley and Thomas L. Sharp

team of Tulane University students with an opportunity to deliver Tulane team was the highest-placed stu- Law School students scored oral arguments before an audience. dent-coached team, by a wide margin.” big during the February The competition called for each team Students are not allowed any coaching A2010 National Environ- to write an appellate brief and prepare in writing their appellate briefs. At mental Law Moot Court Competition at oral arguments based on hypothetical Tulane Law School, faculty members Pace University in White Plains, N.Y. cases seething with environmental do not coach the teams in preparing their Then third-year law students Thadeus infractions. Participants were required to oral arguments. Third-year law student “Thad” Culley (L ’10) and Joseph prepare legal arguments for all parties Colleen Booth, a veteran of last year’s Briggett (L ’10) and second-year student involved, as the persons they represented competition, filled that role. Thomas Sharp made up the team that would alternate each round. “It was my job to listen to the team’s competed against 84 law schools to land “The students were prepped to the arguments, guide them, and push them a spot among nine universities in the nines having four and five moot sessions hard by questioning their logic and facts semifinals. Culley was named best oral- per week over many weeks,” said Tulane to make sure their arguments were the ist in two of the three preliminary rounds. law professor, Oliver Houck, who obser- best,” says Booth. Tulane was the only Moot court competitions simulate ved the students as they prepared in the Louisiana law school to reach the courtroom procedures and provide months prior to the competition. “The semifinal level.

LAW STUDENTS GOING GREEN

At 7:30 on a Saturday morning, while scaped, and stripped paint from houses. Participants included Patricia much of the city was still asleep, Tulane After the service was complete, students Guzmán, Jacob Merkord, Rose Sher, law students were out getting their hands enjoyed a barbeque lunch, a visit from Marcus Edwards, Homero López, dirty, cleaning green spaces in a commu- Saints defensive player Will Smith, and a Brandon Winchester, Justin Woodard, nity-wide public service activity. On performance by Mardi Gras Indians. Chris Bernhardt, Wolf McGavran, March 20, students representing every —By Stella Cziment, JD candidate 2011 and Stella Cziment. part of the law school—from moot court teams and law societies to journals and the Student Bar Association—came 2010–11 together to work alongside the host vol- unteer network, HandsOn New Orleans, in the Indian Association Neighborhood of Gentilly, New Orleans. FALL\WINTER During the four hours of community service, students and community resi-

LAWYER dents participated in a “block blitz” where they cleaned debris from public

TULANE lots, tore down a dilapidated shed, land- 16 58080_TulLaw_01-21:58080_TulLaw_01-21 2/9/11 2:01 PM Page 17

WATER SUMMIT EXPLORES ENVIRONMENTAL IMPACTS

ours of the wetlands and the with how water management affects their New Orleans toxic waste community, business or future. system were highlights of Topics included flood protection, the 15th annual Tulane Law coastal restoration, management of fresh- SchoolT Summit on Environmental Law water supplies, commercial aquaculture, and Policy. The overall agenda reflected the impact of climate change on sea- shared concerns about the impact of coasts and more. EPA administrator and Tulane alum Lisa Jackson delivered changing climates, dwindling fresh water Two panels in particular drew high the keynote address at the Tulane Law School Summit on supplies, and shifting resource demands attendance: “Dams, Ditches, and Environmental Law and Policy. on water management practices. Titled Diversions: The Future of America’s “Bound by Water,” the summit ran from Water Projects,” which looked at the April 9 to 11, 2010, in Weinmann Hall. impact of climate change on water poli- Tulane alumna Lisa Jackson, Environ- cy; and “Beyond Plans and Dreams: several miles from New Orleans. The mental Protection Agency (EPA) admin- Finding the Funds to Save Coastal second was the “New Orleans Toxic istrator, gave the keynote address. Louisiana,” which featured key state and Tour,” which focused on New Orleans’ Water is a vital resource that lies at the federal officials addressing that issue. toxic waste system and dumpsites in the intersection of law and policy, science Among the summit highlights were metro area. Participants learned about and technology, culture, economics and addresses by Joseph Sax, professor of environmental and health problems that environmental stewardship. All these law at the University of California, who arise from toxic waste and the impacts of issues were put in focus at the summit, spoke on “Climate Change and the dump sites on low-income communities. which featured nationally recognized Migratory Seashore: Old Laws and New experts on water law, policy and Needs,” and Al Armendariz, regional management. administrator of the Environmental “A RIVER IS MORE THAN AN The summit included two days of lec- Protection Agency Region Six. A M E N I T Y, IT IS A TREASURE.” tures and panel discussions of interest to Two field trips also were offered. One lawyers, policymakers, planners, resource was a visit to the Turtle Cove Research —JUSTICE OLIVER users, advocates and others concerned Station and Wetlands in Manchac, La., WENDELL HOLMES JR. FALL\WINTER 2010–11 TULANE LAWYER

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Filling Room 110 at Tulane Law School, community residents and students attend BRIEFS the opening lecture on the Deepwater Horizon environ- mental disaster in the Gulf of Mexico. While law students of the Gulf Coast gathered for the could enroll in the course for August 30 series opener. “A Litigator’s academic credit, the series was Glimpse at the Horizon” was jointly pre- intended equally and free of sented by attorneys Scott Bickford, who charge for the general public. represents Mike Williams, one of the last crew members to escape the burning rig; Stuart Smith, an environmental plaintiff OILSPILLDISASTER lawyer; and Joel Waltzer, who represents the Pointe-au-Chien Indian tribe. INSPIRESLECTURESERIES Tulane law student Ling Li was among those attending the lecture in alk about “teachable moments.” Houck, who organized the series with Room 110 of Weinmann Hall. Focusing on the deadly adjunct law professor William Goodell, “I’m from a different country so explosion of the Deepwater accurately anticipated that students things work differently than they do Horizon oil rig and the ensu- returning to campus from their summer here,” said Li. “I came today because Ting environmental disaster in the Gulf of breaks would be hungry to learn about I want to hear how the private and the Mexico, Tulane Law School conducted and discuss the disaster. public sectors handle this type of disas- the “Deepwater Horizon Lecture Series” “The adrenal levels kicks in,” Houck ter. Today was good because we got to in fall 2010. The course, which was open expounded. “The students became vitally hear from actual players involved.” to all Tulane students as well as members interested because it is playing out in A variety of experts, including several of the general public, examined a diverse front of their eyes.” Tulane law professors, taught subsequent array of issues related to the catastrophe Supporting Houck’s prediction, the lectures that covered the Gulf’s ecosys- then unfolding in the Gulf of Mexico. first lecture (of eight in the series) drew tem, ongoing containment and cleanup “This is not a law course,” said law a crowd large enough to require an over- operations, biological and community professor Oliver Houck. “This is a flow room from where a video screen impacts, and issues related to law and primer on the history, economics and displayed the presentation. Undergraduate policy. A question and answer period biology of what’s happening out there.” and graduate students along with residents followed each lecture.

SCHOLARSONCALLFORANALYSISOFOILSPILL It’s simply not possible.” —Oliver Houck, Los Angeles Times, “Louisiana’s love-hate IN THE WAKE of the Deepwater —Mark Davis, USA Today, “Oil-contain- relationship with the oil industry,” Horizon explosion and subsequent oil ment effort’s success hard to gauge,” Sept. 15, 2010 spill disaster in the Gulf of Mexico, May 7, 2010 “This oil spill has brought into focus the Tulane law scholars have fielded ques- limitations of liability that pretty much tions from congressional aides and “You get traction in these things when permeates though the whole of maritime reporters, as well as intellectuals and there is a compelling tragedy.” —Robert law.” —Martin Davies, The National investors, all seeking analysis of the Force, The New York Times, “Calls to Law Journal cover story, “After Oil Spill blowout’s multifaceted effects. In the Update Maritime Laws,” July 5, 2010 Disaster, Maritime Law Is All at Sea,” media alone, faculty members have “You can’t get Congress to pay attention July 30, 2010 responded to requests for commentary to anything on maritime law … It’s not a from more than 50 news outlets around very sexy issue until there’s a disaster.” “Judge Feldman is a respected judge and the world. Faculty responses in the he did make a careful opinion … I would FALL\WINTER 2010–11 —Martin Davies, CNN, “Little-known media included the following: law could work in Transocean’s favor,” be surprised if that ownership of small June 10, 2010 amounts of stock would affect him in any “Marine life ‘breeds on the edges … If way.” —Edward Sherman, National you lose that area, so much of the marine “You won’t find any power center in Public Radio, “BP Installs Containment

TULANE LAWYER life we depend upon is compromised.’” Louisiana taking a critical stance on oil … Cap After Mishap,” June 23, 2010 18 58080_TulLaw_01-21:58080_TulLaw_01-21 2/9/11 2:01 PM Page 19

EXPLORING INTERNATIONAL LAW FRONTIERS

realized that the Law Merchant can be between the “process per se.” a useful tool instead of an enemy and Marín draws on the challenges faced by ZHANDRA decided to give it a certain degree of civilian judges as an example of the overall MARÍN (LLM ’09) recognition in their statutes.” challenges created by the rapidly changing Doctor of Juridical Marín’s curiosity about the middle nature of international law. She explains Science (SJD) ages (when Law Merchant was con- that some commentators accuse civil code candidate, Tulane ceived) and her frustration, generated by judges of mechanically determining the Law Class of 2013 the lack of knowledge or recognition of applicable law without properly under- the value of Law Merchant in Venezuela standing the purpose of the conflict of law and other civil law countries, inspired her rule. Since civilians have their own codes to write Rol de la Lex Mercatoria en la and statutes, she expounds, it is easier for rading principles, rules and Contratación Internacional Venezolana them to make the mistake of becoming regulations developed by del Siglo XXI (Role of the Law Merchant “repetition machines of the law.” merchants seeking speedy in International Contracts: Venezuelan In defense of the judges, Marín solutions to everyday prob- Perspective in the XXI Century) (2010). explains, “When you have 2,000 cases to lemsT continue to play a role in civilized The book explains what Law decide and limited resources, you don’t countries today, argues SJD candidate Merchant is and how it can be applied have all the time in the world to think Zhandra Marín, a Fulbright Scholar who to determine the applicable laws to about all these mystical questions that received her Master of Laws from Tulane international contracts. I am wondering about.” Law School in 2009. According to Marín, everyone—from Consequently, part of her project In her native country of Venezuela, consumers and transnational companies involves the development of a practice Marín is a professor at the Universidad to judges and legislators—benefits from guide for Private International Law, Central de Venezuela and Universidad international contracts. Judges in particu- intended to serve as a resource for judges. Metropolitana, where she teaches two lar play an important role as initiators of The recognition of Law Merchant by topics she has frequently presented and societal norms, she says. national law is one area where the judge spoken about—Private International Law “In this globalized world, there is no has a higher level of freedom simultane- and Comparative Law. At Tulane, Marín escaping it. Nowadays, talking about ously with obligations to society to teaches Spanish at the Freeman School of Lex Mercatoria is unavoidable in that balance commerce’s need for speedy Business. And when she’s not assisting field because merchants often prefer it decisions with justice, she says. faculty with research, studying for class, over state law!” As for Marín, she is confident she or working on her dissertation, there is a Lex Mercatoria is only a small part will walk away from Tulane Law School good chance she’s in the law library con- of Marín’s scholarship. She jokingly says in 2013 with four hard-earned law tinuing her investigation of Law she has been in school since age 2 and degrees, ready to go where life takes her, Merchant (Lex Mercatoria). has no desire to stop now. whether that leads to a role as an educa- Law Merchant, as Marín describes it, “Since I can remember, my grandma tor, an arbitrator, or a mother (or all three has developed over time as merchants seek used to tell me at least once a week that and then some). direct and effective solutions to day-to-day ‘the only thing that nobody can take away “I can make many plans, but life tends FALL\WINTER issues faced in international commerce. from you is your knowledge,’” she says. to have its own ideas about my future,” She stresses that these regulations contin- Marín is expanding her research to she says, wryly. ue to emerge “because the merchants feel other civil law countries and to the com- Regardless of what her future holds, 2010–11 the national laws are ‘too slow’ or do not mon law system. While many scholars one thing is certain: Zhandra Marín will satisfy the needs of their area.” and observers debate the disparities always have her knowledge. And even the TULANE “Not too long ago, Law Merchant between these systems of law, she says wisest merchant knows you can’t put a was perceived as the opposite of state that she is fascinated by the similarities price tag on that.

law, because it is created by merchants between the two legal traditions. LAWYER and not by the states,” observes Marín. Accordingly, the objective of Marín’s “However, some countries like Venezuela dissertation is to establish a comparison 19 58080_TulLaw_01-21:58080_TulLaw_01-21 2/9/11 2:01 PM Page 20

BRIEFS

Tetley wrote, “This incident may serve 21ST CENTURY PIRACY to increase awareness of the increase in the severity of pirate attacks, and the iracy remains a problem in the significant measures required to address 21st century and last year head- the problem. As well, it may provide lined the 2010 William Tetley Lecture on Maritime Law. TETLEY LECTURE ON MARITIME LAW SolutionsP to the problem of piracy will require international cooperation to choke off the flow of money to pirates while he served as Sea Combat Commander for clues as to how to go about prosecuting bolstering economic prosperity through the Nimitz Strike Group. pirate suspects.” trade and aid, according to William Professor William Tetley, C.M., Q.C., Tetley argued that in order to forge Tetley, former professor of law at Tulane. LL.L., taught mini-courses at Tulane for a comprehensive and lasting solution to Tetley made his comments as part of the nearly 14 years, covering a wide range the problem of piracy in the 21st century, 2010 Tetley Lecture. of admiralty topics. In 1999, the Tulane ongoing determined and coordinated Tetley’s comments introduced the Maritime Law Center established the international efforts are required. State- main presentation by Captain Gordan lecture in Tetley’s name to honor him for building and economic and social devel- Van Hook, USN (Ret.), who delivered a his distinguished service to Tulane Law opment are critical, as are coordinated speech titled “21st Century Piracy and School’s maritime program, his contribu- enforcement and prosecution efforts. the Taking of the Maersk Alabama.” tions to scholarship, and his service to the The flow of money to pirates must be Capt. Van Hook is Senior Director of international maritime community. Tetley choked off, argued Tetley. The bank Innovation and Concept Development at currently serves on the law faculty at accounts of their financiers must be Maersk Line Ltd. He was the principal McGill Law School in Montreal. frozen. At the same time, the internation- Maersk spokesman during the 2009 cap- While unable to attend in person for al community should use trade and aid ture by Somali pirates of the U.S.-flagged health reasons, Tetley delivered introduc- to bolster the causes of political legitima- containership Maersk Alabama. tory remarks on piracy via satellite in cy, domestic military capacity, and Before joining Maersk, Capt. Van Room 110 of Weinmann Hall. According economic prosperity. Hook had a broad and varied career in the to Tetley and his associate, Carl Dholandas, Tetley said the continuation of the U.S. Navy. Among other things, he acted the taking of the Maersk Alabama was Tetley lecture series is a great honor, as operations officer for the Fifth Fleet to very significant because “it is rare for a and he is happy it is a part of “a larger launch Operation Enduring Freedom; he U.S. flag ship to be boarded by pirates.” tradition of maritime law scholarship commanded Destroyer Squadron 23; and In introduction to the topic of the day at Tulane.”

DEUTSCH LECTURE EILA NADYA SADAT is the Henry H. Oberschelp Professor of Law ON INTERNATIONAL LAW and Director of the Whitney R. Harris World Law Institute at Washington University School of Law, St. Louis, MO. Sadat specializes in interna- Ltional criminal and human rights law. As featured speaker for the annual Deutsch Lecture, on March 8, 2010, she gave a presentation titled “International Criminal Justice and the International Criminal Court: Why Should America Care?” Prior to joining Washington University in 1992, she practiced law for several years in 2010–11 Paris, France, having clerked at the Cour de Cassation and the Conseil d’Etat. Sadat graduated summa cum laude and first in her class from Tulane law in 1985.

FALL\WINTER THE DEUTSCH LECTURE is given annually as a tribute to Eberhard Deutsch. The Eberhard P. Deutsch Chair of Public International Law was established in 1980 through the generosity of the late Colonel Eberhard P. Deutsch and his family. LAWYER International criminal law and human rights scholar Colonel Deutsch was a distinguished Tulane Law School alumnus (L ’25) with Leila Nadya Sadat (L ’85) with Tulane law professor a national reputation in international and military law. The current holder of the

TULANE Günther Handl. Chair is Professor Günther Handl. 20 58080_TulLaw_01-21:58080_TulLaw_01-21 2/9/11 2:01 PM Page 21

CHANGE OF COURSE

On March 19, 2010, the Tulane Journal TULANE UNVEILS of International and Comparative Law hosted a live symposium entitled, COMPARATIVE LAW GATEWAY “Changing Course: The United States’ Evolving Approach to International Law.” ulane’s Eason-Weinmann Center is to show how relevant comparative The daylong symposium, which began for Comparative Law unveiled and international law is in legal practice with a panel discussion of whether the its new website in February today—for the commercial and business Obama administration has changed the 2010. The new site seeks to worlds, law firms, legislators, judges, country’s posture towards international Tprovide a forum for the exchange of ideas NGOs and international institutions.” law, sought to analyze areas of U.S. across cultures, political beliefs, and inter- Fedtke also says the site will benefit policy that were at odds with inter- national borders; to offer research tools for “young lawyers who are interested in national law and are now more aligned students and academics; and to make the challenging job opportunities both within with international treaties and norms. center’s expertise more accessible to private and outside the United States.” Each of the three panels focused on one individuals, law firms, courts, governments, The Eason-Weinmann Center’s online of the following issues: The Copenhagen and international organizations. presence is an exciting new meeting point Summit on Climate Change; Nuclear According to Jörg Fedtke, the center’s for all interested in things foreign and Non-Proliferation Treaties; and Human co-director and A. N. Yiannopoulos international. The website is open to the Rights in the War on Terror. Professor in Comparative Law, “the most public and all are encouraged to visit it at important reason [we created this website] http://www.law.tulane.edu/tlscenters/eason.

EASON-WEINMANN LECTURE ON COMPARATIVE LAW

THE FATE OF FAMILY TREASURES

he fate of family heirlooms 2003, he was the Director of the and treasures was the topic Quebec Research Centre for Private of the Eason-Weinmann and Comparative Law, where he was an Lecture on Nov. 11, 2009. editor of a critical edition of the Civil T Code of Quebec. NICHOLAS KASIRER, former dean of the faculty of law, McGill University, THE EASON-WEINMANN LECTURE FALL\WINTER recently was named a Justice of the is funded by the Eason-Weinmann Court of Appeal of Quebec, the Center for Comparative Law. The center province’s highest court. A 1985 gradu- was established in 1981 through the gen- 2010–11 ate of McGill’s Faculty of Law, Justice erosity of Virginia Eason Weinmann and Kasirer had been a professor there John Giffen Weinmann, a distinguished TULANE since 1989 and served as its dean from Tulane Law School graduate (L ’52). November 2003 to May 2009. He holds Ambassador Weinmann is the former

degrees from Toronto University, the Chair of Tulane’s Board of Administrators, Justice Nicholas Kasirer, a specialist in LAWYER McGill Law School, LL.B., B.C.L., and and the law building is named for him. Quebec private and comparative law, speaks the University of Paris I. From 1996 to at Tulane Law School on November 11, 2009. 21 58080_TulLaw_22-33:58080_TulLaw_22-33 2/9/11 3:52 PM Page 22 FALL\WINTER 2010–11 TULANE LAWYER 23 Law. he says. ANSWER,” Constitutional in Professor ANOTHER Jr. FRONTIER. AND . Clement C. GRIFFIN M. Tulane Lawyer Rutledge QUESTION Taking Back Eden, a groundbreaking account of environmental and STEPHEN Dean The Paper Chase, the formidable Professor Kingsfield (well played by John BY ANOTHER Interim to Oliver Houck’s MOVIE

THE Houseman) tells his contracts class there is no end to the Socratic questions he will ask. former is ALWAYS IS

Griffin INFINITE The original work of these faculty members, as each individually describes in his or her own words, belies Faculty research involves exploring the necessary and infinite frontier between what is and what could be. Tulane University is one of the leading research universities in the United States and the law school can We focus here on the ongoing creative efforts of six faculty members: Adeno Addis, Claire Dickerson, Once students are law professors, however, they have the freedom to strike out on their own and attempt to heroes around the globe, Tulane faculty are energetic and active participants inthe the occasional world charge of that legal legal scholarship. scholarshipbeen lacks inspired relevance to to publish legal by practice. thework, In challenges for fact, encountered example, all in arises of the out these real-life of scholarsFeldman’s concern world his have of with extensive the experience the law. at relationship Onnig the between Dombalagian’s antitrustsentation Securities of and law and sports Exchange the Commission. leagues sports Gabe at industry the was law firm sparked by of his Williams repre- &And Connolly the before thought he I joined would the like Tulanesubstantial to faculty. endowment leave support with for you faculty is researchscholarship that that can it is be deserves taken supercharged your for by support. granted a Tulaneshop Law at vigorous programs, School other intellectual and lacks top infrastructure conferences the law provided that schools. by benefita Faculty external students building speakers, and project work- the off the wider ground, public.nonetheless but It leave this takes faculty kind millions in of of a infrastructure dollars muchof to can better their get be position school provided to and by pursue university. more their modest goals gifts and that so can contribute toand the should reputation lead the way inor this through continuing class endeavor. gift I efforts, know to manyand alumni provide I what have hope the would you be capacity, will either the consider individually first it fund worthy for of faculty your research efforts. at Tulane LawStephen School, Onnig Dombalagian, Gabe Feldman, Catherine Hancock,of and faculty Keith continually Werhan. They engaged represent in a high-qualityaccomplishments much scholarly that larger endeavors. accompany In group this truth, article, as weabout shown could their by have the latest quadrupled latest writings the set without number of workinglaw of up faculty review faculty a articles interviewed sweat. concerning Tulane every Law conceivable Schoolbooks issue not recently under only published. the features From sun, professors Joel we writing William areChampion Friedman’s biography also of of well Civil Tulane’s own represented Rights, Judge in John terms Minor of Wisdom, provide some answers to significant issueslegal of scholarship legal highlighted doctrine, in theory, this and issue policy. Their of efforts the create the world of

“THERE In THE 23 Page PM 3:52 2/9/11 58080_TulLaw_22-33:58080_TulLaw_22-33 58080_TulLaw_22-33:58080_TulLaw_22-33 2/9/11 3:52 PM Page 24

“ATTIMESYOUMAYFEELTHATYOU

sector,” but it is of vital practical importance to the many econom- ic actors who depend on it for betterment and even survival. In an article to be published by the American Journal of Comparative Law in early 2011, “Informal-Sector Entrepreneurs and Formal Law: A Functional Understanding of Business Law,” I accept the premise that business can be favorable to development and that business law can further business. Based on a literature review and on personal experience in the region, I then argue that formal “business law” for purposes of the informal sector includes much more than commercial law and the law of business organiza- CLAIREMOOREDICKERSON tions. Instead, it is composed of this classic business law, but in Senator John B. Breaux Professor of Business Law addition, of formal law that mimics the myriad pro-business struc- tures that we take for granted in the developed world. These last structures include (among many others) health care, education, and basic physical security. They, or their benefits, are necessary to informal-sector businesses if they are to compete successfully— PROFESSORDICKERSON is a permanent visiting professor at the University of Buea in Cameroon. She has conducted even in their own country—with Western businesses. considerable research in that country and elsewhere in Africa, The next project is to flesh out and further test these assertions. especially the Ivory Coast and Senegal. Her scholarship With a sociologist from Cameroon’s University of Buea, where I is noted for its application of socioeconomic principles to am also a permanent visiting professor, last fall I began looking business-related areas and for its focus on the intersection of more deeply at informal-sector businesses and the precise formal commerce and human rights. As a student at Columbia Law School, Dickerson was a Stone Scholar. She teaches Business laws that support or impede their growth. Our aim is to offer Enterprises, International Business Transactions, Contracts informed and practical recommendations for legal reform, and and a Comparative Corporate Governance Seminar. to go beyond the issues of judicial reform and modernization of classic business laws. FOR SOME TIME, the dominant consensus in the development This research is designed to help the governments of developing community has been that business is a pro-development tool, countries, and non-governmental organizations including the inter- and that properly designed and implemented business laws will national financial institutions, facilitate business in the informal facilitate business. sector. Providing assistance ultimately benefiting informal-sector In much of Sub-Saharan Africa, and more specifically in businesses has intrinsic merit if it does contribute to “human capa- Cameroon where most of my research is focused, a significant bility,” as Nobel-winning economist Amartya Sen calls it. But the majority of the economic activity is so difficult for governments research also pays dividends directly to our law school. to track that it cannot be included in the countries’ official Gross Institutionally, the research dovetails neatly Domestic Product. This activity is often attributed to the “informal not only with the law school’s Payson Center for International Development, but also with our law school’s expertise in comparative law. Cameroonian Lectures and Addresses economic development involves a triple intersection with compar- • North Carolina Journal of International Law and ative law: two Western legal systems (common law and continen- Commercial Regulation Symposium on “A Changing tal) and a traditional system. Business law practiced today in the of the Guard: The Future of Law and Development West is comparative law because business is global. Under Obama,” keynote address, “Future of Law and Development: Flying Under the Radar” In addition to substantive knowledge about development, both • Conference jointly organized by the Union students in seminars that incorporate this work and research assis- tants who help me on my projects, gain a rich perspective on law’s

FALL\WINTER 2010–11 Internationale des Avocats and the Dakar Bar, Dakar, Senegal, keynote address, “L’exemple du « Uniform role in business and a deeper understanding of comparative law’s Commercial Code » aux Etats-Unis: Texte et Contexte” practical importance. Research into the development potential of informal-sector business laws thus helps prepare Tulane law Publications students for the world in which they will practice. Corporate Social Responsibility: Lessons from the South

TULANE LAWYER on Law and Business Norms, in (Dana Gold ed.) Law And Economics: Toward Social Justice (Elsevier book 24 series, Research in Law and Economics (forthcoming) 58080_TulLaw_22-33:58080_TulLaw_22-33 2/9/11 3:52 PM Page 25

“ U HAVE FOUND THE CORRECT ANSWER.

GORDLEY ELECTED TO MARTIN DAVIES Admiralty Law Institute Professor of Maritime Law THE BRITISH ACADEMY and Director of Tulane’s Maritime Law Center Appointments, Elections and Awards Appointed rapporteur, CISG Advisory Council Opinion JAMES GORDLEY, W.R. Irby No. 10, “Issues Raised by Documents under the CISG Chair in Law, has been elected a Focusing on the Buyer’s Payment Duty”1 Corresponding Fellow of the British Publications Academy, the United Kingdom’s nation- • Conflict of Laws in Australia (with Andrew Bell, Paul Brereton and Peter Nygh, 8th ed.) (LexisNexis) al body for the humanities and social • Choice of Law and U.S. Maritime Liens, 83 Tul. L. Rev. sciences. Relatively few U.S. law pro- 1435-61 (2009) fessors have received the distinction, • Warranties and utmost good faith in U.S. marine insur- ance contracts, in (ed. D. Rhidian Thomas) The Modern which is reserved for scholars not Law of Marine Insurance, Vol. 3 (Informa Professional, teaching in the U.K. 2009) 81-100 “This exceptional honor places Jim • Legal and Practical Aspects of Salvage in the United States, Lloyd’s Mar. & Com. L.Q. 28 (2009) in an extraordinarily small group of • Commentary: Punitive damages and the Exxon Valdez, distinguished American scholars and recognizes his preeminence 83 Aust. L.J. 23 (2009) in the international legal academy,” says Dean Meyer. Media Highlights Gordley, a leading scholar of comparative law and legal history, CNN, “Anderson Cooper 360,” Little-known law could work in Transocean’s favor (June 11, 2010) came to Tulane law in 2007 from Boalt Hall, University of California, Berkeley, where he served on the faculty beginning in MARK DAVIS 1978. He was a fellow at the Institute of Comparative Law at the Senior Research Fellow and Director of the Institute on Water Resources Law and Policy University of Florence, an associate with the Boston firm of Foley Media Highlights Hoag & Eliot, and an Ezra Ripley Thayer Fellow at Harvard before • National Public Radio: “All Things Considered,” beginning his teaching career. Interview [5 min 11 sec], “Oil Industry: Integral To Louisiana Culture And Economy For Decades” THE FELLOWSHIP OF THE BRITISH ACADEMY (June 18, 2010) • The New York Times, Efforts to Repel Gulf Oil Spill Each year, the British Academy elects to its Fellowship up to 38 Are Described as Chaotic (June 15, 2010) outstanding U.K.-based scholars who have achieved distinction in • USA Today, Oil-Containment Effort’s Success Hard to any branch of the humanities and social sciences. Others based Gauge (May 7, 2010) • ABC News, Interview (1:42/2:05), “Oil Rig Clean up overseas also can be elected as Corresponding Fellows, and, in Begins” (Apr. 23, 2010) addition, the Academy can elect Honorary Fellows. JAMES DUGGAN CORRESPONDING FELLOWS Director of the Tulane Law Library Corresponding Fellows are scholars outside the U.K. who have Appointments, Elections and Awards “attained high international standing in any of the branches of Recipient, “Outstanding Alumnus 2009” award, Louisiana State University School of Library and study which it is the object of the Academy to promote.” Some Information Science, at the LSU SLIS Awards Banquet, familiarity with research in the U.K. is valuable, in order to facili- Baton Rouge (Feb. 2010) tate a contribution to the work of the Academy, e.g. through JÖRG FEDTKE assessments of candidates for election. Yiannopoulos Professor in Comparative Law

Each year, up to 15 elections are made to the Corresponding Publications FALL\WINTER Fellowship, comprised of approximately 300 select scholars. • “German Tort Law” in 2008 (with Florian Wagner-von Papp), in (Helmut Koziol/Barbara Steininger eds.) European Tort Law 2008 (Springer, Vienna/New York, 2009) 285-323

• Constitutional Transplants—Returning to the Garden, 2010–11 To learn how you or your law class can in (Jane Holder/Colm O’Cinneide eds.) Current Legal Problems (Vol. 61), OUP (Oxford, 2009) 49-93

support faculty research, contact Shannon D. TULANE Professional Highlights Woodward, senior director of development, at German reporter, annual conference on developments in European tort law, European Center for Tort and

[email protected] or (504) 862-8559. Insurance Law, Vienna LAWYER

25 58080_TulLaw_22-33:58080_TulLaw_22-33 2/9/11 3:52 PM Page 26

I ASSURE YOU THAT THIS IS A

GABRIELFELDMAN argument was not novel. Leagues and commentators have been Associate Professor of Law and Director, Sports Law Program; making this precise argument for decades. Yet, until American Associate Provost for NCAA Compliance Needle, courts had consistently rejected the single entity argument and held that professional sports leagues were capable—and often guilty— of violating Section 1. In American Needle, however, the Seventh Circuit held that the National Football League should be PROFESSOR FELDMAN joined the Tulane Law School faculty in 2005 as an Associate Professor of Law and became Director considered a single entity—and thus immune from scrutiny under of the Sports Law Program in 2007. Most recently he was named Section 1 of the Sherman Act—when licensing its intellectual Associate Provost for NCAA Compliance. Feldman has been property. In my article, which was cited by the Petitioner’s briefs interviewed and quoted countless times in the major print, online to the Supreme Court, I argued that blanket antitrust immunity and broadcast media outlets including The New York Times, and single entity treatment of the National Football League is USA Today, The Wall Street Journal, Los Angeles Times, The Washington Post, Sports Illustrated, ESPN, MSNBC, CBS Sports, inconsistent with the basic purpose of the antitrust laws and is Fox News, and ABC’s “Good Morning America” to name a few. theoretically unsupportable. He teaches Contracts, Antitrust and Sports Law. The crux of my argument is that the Seventh Circuit overstated the significance of the cooperative nature of sports leagues and WHILE THE PUBLIC and the media spend countless hours dis- misconstrues the purpose of the single entity label. In particular, I secting and analyzing the multi-billion dollar sports world, courts argue that the Seventh Circuit ignored the fact that interdependent have long struggled to apply antitrust law to the sports industry. entities that join together to create a new product are still capable Although antitrust litigation is complex in any industry, sports of entering into agreements that are fraught with anticompetitive leagues present unique challenges for antitrust jurisprudence. risk. This risk is present when the entities, like professional foot- On the most basic level, antitrust law encourages competition and ball teams, have the ability to make decisions and are in actual or discourages cooperation among competitors. Yet, a professional sports league cannot exist without some cooperation by its com- petitors (i.e., the teams). Courts have therefore had difficulty applying Section 1’s rule of reason and balancing the competitive effects of agreements in the sports industry. Much of my research focuses on developing a more coherent and predictable mechanism for applying antitrust law to the sports industry. My latest article, “The Puzzling Persistence of the Single Entity Argument for Sports Leagues: American Needle and the Supreme Court’s Opportunity to Reject a Flawed Defense,” 2009 Wis. L. Rev. 835 (2009), analyzes American Needle v. National Football League (NFL), a Supreme Court case decided mid-2010 that had the potential to rewrite much of sports antitrust law and fundamentally change professional sports (the article was pub- lished a few months before the Court issued its opinion). The case addressed a fundamental issue in sports law: should a professional sports league be viewed as a single firm or a collaboration of potential competition with each other. I conclude that the National multiple competitors? Section 1 of the Sherman Act explicitly Football League should be subject to scrutiny under Section 1 requires an agreement, and an agreement requires the cooperation of the Sherman Act, and offer a few solutions to simplify and 2010–11 of at least two entities. In other words, a single entity cannot, as improve the Section 1 analysis. a matter of law, violate Section 1. Leagues have thus long viewed The Supreme Court agreed with my ultimate the single entity defense as the antitrust “holy grail,” because it conclusion, reversed the Seventh Circuit, and shields them from attack under Section 1. FALL\WINTER The crux of the NFL’s single entity argument in American held that professional sports leagues and their Needle was that the NFL teams and the NFL operate as a single teams are capable of conspiring in violation of LAWYER entity, cooperating to create an entertainment product (a season of Section 1 of the Sherman Act. Thus, the long—and NFL games) that competes against other entertainment products mostly unsuccessful—reign of the single entity argument for

TULANE (for example, a season of NBA games). The NFL’s single entity sports leagues finally came to an end. 26 58080_TulLaw_22-33:58080_TulLaw_22-33 2/9/11 3:52 PM Page 27

TOTAL DELUSION ON YOUR PART.

Lectures and Addresses Legal Consultation Sports Law Symposium, University of or Testimony Florida, presenter (Jan. 2010) Testified before the Louisiana State Bond Commission at the State Capitol on the issue of Publications barriers to affordable housing • Op-ed: The NFL is Not a Single Entity, development in the greater in National Law Journal (Feb. 2010) New Orleans area (Sept. 2009) • Op-ed: Why Not Let Fans Reunite at the Dome?, in the Times-Picayune Lectures and Addresses (Feb. 2010) Bryan Bell Metropolitan • Op-ed: Doping: NFL federal exemption Leadership Forum (Committee for drug rules to trump state laws, in for a Better New Orleans), World Sports Law Report (Jan. 2010) speaker on the issue of housing • The Misuse of the Less Restrictive equity (Sept. 2009) Alternative Inquiry in Rule of Reason Analysis, 58 Am. U. L. Rev. 561 (2009) • The Puzzling Persistence of the Single Entity Argument for Sports Leagues: American Needle and the Supreme Court’s Opportunity to Reject a Flawed Defense, Wis. L. Rev. 835 (2009) SEICSHNAYDRE TESTIFIES • Antitrust Law and Sport: American BEFORE CONGRESS Needle v. NFL, in World Sports Law Report, as a featured article (Oct. 2009) TULANE LAW PROFESSOR and housing expert Stacy Seicshnaydre, the William K. Christovich Associate Media Highlights Professor of Law and Director of Tulane’s Civil Litigation • The Wall Street Journal, Hats off to Clinic, in August appeared before a congressional panel team supreme (May 26, 2010) to help guide national fair housing reform. Seicshnaydre’s • ESPN Radio, Interview re: American testimony was based on her latest research into real estate Needle and the NFL’s Single Entity development and regulation in New Orleans in the years fol- Defense (May 25, 2010) lowing Hurricane Katrina. Before the U.S. House Judiciary • The Washington Post, Supreme Court Subcommittee on the Constitution, Civil Rights and Civil Denies NFL Increased Antitrust Liberties on July 29, 2010, Seicshnaydre discussed and Protection (May 25, 2010) responded to questions relating to her scholarship on the fair • The New York Times, Selig Widens housing implications of the post-Katrina housing recovery. ‘Best Interests’ View in Rangers Bid (May 14, 2010) In addition to discussing her 2007 essay on post-Katrina public housing redevelopment, published at 81 Tulane Law • ABC News, “Good Morning America,” Who Owns Saints’ Victory Cheer? Review 1263, Seicshnaydre discussed a new research paper (Jan. 30, 2010) entitled, “Postcards from Post-Katrina New Orleans: Why FALL\WINTER • Los Angeles Times, Supreme Court Government-Assisted Housing Seems Destined to Perpetuate to weigh NFL and antitrust laws Racial Segregation and What Can Be Done About It.” (Jan. 4, 2010) Seicshnaydre testified that the housing landscape in • USA Today, New Orleans in State of New Orleans following Hurricane Katrina, which has 2010–11 Grace over Saints (Dec. 21, 2009) included a proliferation of new restrictions on rental housing throughout the metro area, reveals the dynamic in which TULANE federally assisted housing programs operate throughout the United States. Her testimony was invited as part of a sub-

committee hearing entitled, “American Dream Part III: LAWYER Advancing and Improving the Fair Housing Act on the 5-YearAnniversary of Hurricane Katrina.” 27 58080_TulLaw_22-33:58080_TulLaw_22-33 2/9/11 3:52 PM Page 28

YOUWILLNEVERFINDTHECORRECT,

ONNIGDOMBALAGIAN George Denègre Associate Professor of Law

PROFESSOR DOMBALAGIAN joined Tulane Law School in ty for their financial security, the law must intervene to ensure the fall of 2003, after several years in private practice and a that the end-users of such products are not disadvantaged by the fellowship with the U.S. Securities and Exchange Commission imbalance in information and sophistication between financial in Washington, D.C. In 2007, he received the Felix Frankfurter Distinguished Teaching Award from the graduating class, and in service providers and their customers. In the paper, I suggest that 2009, he was named to the George Denègre Endowed Professor- financial intermediaries have a narrowly focused duty to disclose ship. He is a graduate of Harvard Law School, where he served certain conflicts and certain quantitative information about as editor of the Harvard Law Review. Prof. Dombalagian teaches such transactions, which, if satisfied, should largely exculpate Corporate Finance and Securities Regulation. financial intermediaries from further liability for breach of sales practice rules. MY CURRENT PROJECT is tentatively titled, “The Essence of This project fits into my overarching interest in the structure Fiduciary Duty in Investment Transactions.” It concerns the extent of securities and derivatives markets—how government regula- to which it is appropriate to impose fiduciary duties on financial tion, industry self-regulation, and private ordering among major service providers, such as the duty of loyalty, when they recom- market participants cooperate to create the system by which mend transactions in securities, derivatives, mortgages or other financial instruments are created or change hands. As someone financial products with investment-related objectives. who has dealt with these issues from all sides—in private practice The duties of financial intermediaries, when providing advice representing investment banks, at the SEC drafting regulations with respect to investment transactions, is one that policymakers and developing policy, and as an arbitrator in disputes involving have both exhaustively studied and yet unsatisfactorily addressed. the business conduct of brokerage firms—I believe there are On the one hand, financial intermediaries cannot perform the thoughtful views on all sides of the table. essential risk-spreading function of markets if investors can As an academic, I view it as my role in this field to consider effectively put back the risk of investment products through the the perspectives presented in public debates over policy and to threat of litigation. On the other hand, as financial innovation develop solutions that attempt to accommodate the spectrum of increases in complexity and investors take on greater responsibili- interests involved. My research also focuses on understanding the impact of recent trends in financial regulation: for example, the inevitability of the shift from direct government regulation of financial service providers to government oversight of industry self-regulation, the durability of the current distinctions among Publications classes of regulated entities (e.g., exchanges, broker/dealers, and • Requiem for the Bulge Bracket?: Revisiting Investment Bank Regulation, 85 Ind. L. J. (2010) trading systems, or investment and commercial banks), and the development of new regulatory paradigms that focus on interests • Can Borrowing Shares Vindicate Shareholder Primacy?, 42 U.C. Davis L. Rev. 1231 (2009) and incentives rather than formal regulatory classifications. In the near term, there is no shortage of issues FALL\WINTER 2010–11 Media Highlights emanating from the overhaul of financial regula- • Bloomberg Businessweek, Goldman chastened? tion currently before Congress. I expect scholars of Don’t bet on it (April 27, 2010) securities and banking law will scrutinize the implementation • CBS News, Goldman Shifting Spotlight on of the recent Dodd-Frank legislation and any further reform Fabrice Tourre? (April 22, 2010)

TULANE LAWYER proposals enacted by Congress for years to come. 28 58080_TulLaw_22-33:58080_TulLaw_22-33 2/9/11 3:52 PM Page 29

T, ABSOLUTE,ANDFINALANSWER...

CATHERINEHANCOCK Geoffrey C. Bible & Murray H. Bring Professor of Constitutional Law

PROFESSORHANCOCK’s First Amendment scholarship focuses on issues related to defamation law and hate speech, and her work in Constitutional Criminal Procedure addresses topics such as police interroga- tions and searches, privacy rights and the death penalty. Her pro bono activities include eight years of service as co-counsel pursuing federal remedies for a death row inmate whose case she argued in the U.S. Supreme Court in 1990. Hancock is teaching Constitutional Law: Freedoms of Speech & Press and an Advanced Criminal Procedure Seminar.

FREEDOM FROM SURVEILLANCE is a central Fourth Amendment value and the Court’s opinions have been filled with debates about the appropriate scope of that freedom for more than 120 years. I like to explore the doctrinal puzzles that appear in particular cases by investigating the history of the litigation that produced the opinions where those puzzles got their start. We can learn so much about how to make arguments in present controversies, when we explore the storehouse of reasoning that is waiting to be discovered in the sources that now inhabit the dusty past, but which used to be very much alive. For example, Justice Harlan’s dissent in United States v. White was drafted in 1971, and yet state courts have relied on it as a compass, in cases decided as recently as 2007 and 2008, when crafting new holdings to protect conversational privacy on state constitutional grounds and to require police to obtain warrants does not deter police negligence. However, the Court does not for using wires on informants. My most recent article appears in explain what “negligence” means. So I am investigating the mean- a symposium on great Fourth Amendment dissents: “Warrants for ings of Herring that are reflected in recent state court opinions, Wearing a Wire: Fourth Amendment Privacy and Justice Harlan’s and attempting to discover what impact the new “negligence” Dissent in United States v. White,” 79 Mississippi Law Journal rationale may have on future Fourth Amendment cases. 33-96 (2009). I am currently working on another Fourth Amendment article, and this one is about a recent opinion from the Roberts Court 2010–11 FALL\WINTER about the Exclusionary Rule—United States v. Herring, decided Publications in January 2009. Initially, the Court created the “good faith • Criminal Procedure: Cases, Materials And Exercises exception” to the Rule in 1984 for situations where police officers (with Jancy Hoeffel) 4th ed., (Russell L. Weaver, Leslie W. Abramson, Ronald J. Bacigal, and John seize evidence in reliance on warrants issued by magistrates who M. Burkoff eds.) (West 2009) made erroneous judgments about probable cause. Later the Court UAELAWYER TULANE extended this exception to cases where court clerks make errors in • Warrants for Wearing a Wire: Fourth Amendment record keeping that produce invalid warrants. The Herring Court Privacy and Justice Harlan’s Dissent in United States 2 extended this exception to cover errors made by police department v. White, 79 Mississippi Law Journal 35-96 (2009) clerks, and what is new about Herring is that the Court justified the exception on the grounds that the Exclusionary Rule generally 29 58080_TulLaw_22-33:58080_TulLaw_22-33 2/9/11 3:52 PM Page 30

THERE IS ALWAYS ANOTHER Q

TO THE ENDS OF located between the Mississippi River and the levee, while walking THE EARTH his dog and has frequented it for the past twenty-five years. Blending fact, personal experience, historic attitudes, and poli- cies that stem from this forgotten piece of the landscape, Houck’s stories are diverse—some are first-hand accounts about things he’s seen or people he’s met, while others add historical context to the oft-ignored swath that blurs the boundary of river and land. Though Houck contends he has no way to describe the book, his introduction reads: Here along the lower Mississippi, so close at hand, is a separate world. It has witnessed great ambitions, keelboats and steamers, expressways and casinos, glittering planta- tions, world-class pollution, and the severed heads of TO CELEBRATE the release of Tulane law professor and slaves on poles. It has also served as refuge for weekend environmentalist Oliver Houck’s Taking Back Eden: Eight fishermen, transients, teenagers, wild boars, and remark- Environmental Cases That Changed the World, the law school able bursts of creativity….It is a place where human hosted a book signing for students and guests. A line of attendees beings come for the very purpose of being beyond the encircled the multipurpose room to listen to Houck’s brief remarks, rules of designated places, to be in contact with the trees, have their books autographed and potentially gain a personal the river, and a sky in the late day that is turning from moment with the author. Told through “bombshell” lawsuits light blue to pink to a violent orange, and a couple of men brought on by environmentally concerned civilians in eight coun- with cans of beer are looking at it, not talking a great deal, tries, Taking Back Eden attests that ordinary people can access wired to a something that is vanishing before their eyes. their countries’ courts to defend and protect their environment. No sooner had Professor Houck finished Eden than he began PROFESSOR HOUCK is Professor of Law and Director writing his next book. This time he journeyed back closer to home. of Tulane’s Environmental Law Program. He received the Completed in less than four months, Down on the Batture was Distinguished Achievement Award from the Environmental Section published in April 2010, encompassing a series of 39 essays about of the American Bar Association and was named Louisiana’s an area of land known as the batture. Houck discovered the land, Conservationist of the Year, among other honors.

Legal Consultation or Testimony • Book Review, Oil Over Again: Media Highlights Exxon Valdez, BP and Beyond, in The Filed amicus brief in New Orleans Hospitals • BusinessWeek, BP Spill Cleanup Alone Environmental Forum (July/Aug. 2010) case on environmental law issues Won’t End Gulf’s Suffering: Albert Hunt • The Three Katrinas: Hard Cases Make (June 28, 2010) Lectures and Addresses New Law, in National Wetlands Newsletter • The Associated Press, Land-building proj- (July/Aug. 2010) The Association of American Law Schools ect in Louisiana shuts down (Jan. 22, 2010) • Book Review, The Teapot Dome Scandal, (AALS) law professor gathering (Center for • ABC News, Katrina Blame Case Could in The Environmental Forum (Nov. 2009) Progressive Reform), Loyola Law School, Bring Billions in Lawsuits: Ruling Corps Was • Nature or Nurture: What’s Right and New Orleans, chair and panelist on Katrina at Fault Could Bring Homeowner Lawsuits What’s Wrong with Adaptive Management, Litigation and on Adaptive Management or Prompt Other Payouts (Nov. 24, 2009) 2010–11 in Environmental Law Reporter (Oct. 2009) (Jan. 2010) • Los Angeles Times, Effects of judge’s • The Messenger, in The Environmental Katrina ruling could be huge: The finding Publications Forum (Sept. 2009) that the U.S. Army Corps of Engineers is • Down on the Batture (University of • Book Review, Rules Of The Road, in Mississippi Press, 2010) liable for much of the New Orleans flooding

FALL\WINTER The Environmental Forum (Aug. 2009) could change how levees are designed • Taking Back Eden (Island Press, 2009) • Teaching Material, “Environmental Human nationwide (Nov. 20, 2009) • From Sacred Places: The Story of Nikko Rights,” “Comparative Criminal Justice” Taro and the Taj Mahal, 31 Hawaii Law • The New York Times, In New Orleans, LAWYER Review 369 (Summer 2009) Public Service Elation Over Katrina Liability Ruling • Who Will Pay To Fix Louisiana?, in Began reading at WRBH radio for the blind (Nov. 20, 2009)

TULANE The Nation (July 2010) and print handicapped 30 58080_TulLaw_22-33:58080_TulLaw_22-33 2/9/11 3:52 PM Page 31

R QUESTION . . .

ADENOADDIS and enforcement. In this sense, constitutions, like autobiographies, William Ray Forrester Professor of Public & Constitutional Law imagine readers and that too is an important part of constitutional autobiographies. A short version of the article is slated to appear PROFESSOR ADDIS is a native of in a 2011 book celebrating the 60th anniversary of the Japanese Ethiopia. He received his undergraduate Institute of Comparative Law. The full work will be published in education from Macquarie University in a year or so. Australia and did his graduate work in the This project fits in well with the larger project in which much United States at Yale University. He has published extensively in the areas of consti- of my work has been engaged: how communities and nations tutional law, communications law, juris- imagine and constitute themselves. Whether it is in relation to my prudence and public international law. work on ethnic minorities, diasporas that imagine home from afar, Prof. Addis teaches Constitutional Law I severely fractured societies, or universal jurisdiction, the issue has and International Human Rights. always been how and against whom communities define them- selves and what the consequences of that are. In this regard, the JUSTICE ANTHONY KENNEDY of the United States Supreme role of jurisdictions in performing the task of defining communi- Court once observed: “We [the people of the United States] have ties and peoples has become a central aspect of my work. Often a legal identity, and our self-definition as a nation is bound up we view jurisdictions simply as vindications of communities of with the Constitution.” This project is concerned with the question interest, but jurisdictions often help to constitute those communi- of what it means to view constitutions as “self-definitions” of ties of interest as well. Just like constitutions, jurisdictions are per- political communities or nations and what are the implications formative in nature. As someone once observed, law is a signaling of that conception of political identity in a world of globalization, system of and for human action and jurisdictional and constitu- in a world of overlapping communities and loyalties. tional norms are part of that signaling system. To be legitimate To say that the constitution is a “self-definition” of a and even comprehensible, the signaling system must occur in a nation is to view it as an “autobiography” of the people of context of shared interests, values, and expectations. The task is to the particular political community. The project explores in identify those interests, values and expectations in a world of mul- considerable detail the analogy between ordinary autobiographies tiple, overlapping, and transborder (and even virtual) communities. and constitutions as autobiographies of political communities. The That has been the central concern of my work. notion of autobiography assumes a number of facts each of which, Most of my work occupies the space where the two public law I argue, applies to constitutions as well. First, autobiographies are courses that I regularly teach intersect (constitutional law and pub- or claim to be self-authored. It is no different with constitutions. lic international law including international human rights). There The constitutions of a large number of countries start with the is of course a synergy between my teaching and my scholarship. phrase “we the people” or its variations. Thus, like autobiogra- phies, the claim of self-authorship is central to constitutions. Second, just as autobiographies assume a relatively distinct subject

(personality) with a degree of coherence to it, constitutions Publications assume a relatively stable identity of “we the people.” Third, just • Community and Jurisdictional Authority, in Beyond like autobiographies, constitutions in fact play a dual role: they Territoriality: Transnational Legal Authority in an Age of describe the subject as they also constitute the same subject. No Globalization (Günther Handl & Joachim Zekoll eds. biography is purely or simply descriptive. It also gives an identity (forthcoming, 2011)) to the subject it purports to describe. Constitutions perform a simi- • Constitutions as Autobiographies of Peoples (Nations), as a FALL\WINTER lar function: they are “formative and expressive of national identi- chapter in a book commemorating the 6oth anniversary of the Institute of Comparative Law in Japan (forthcoming, 2011) ty.” Constitutions are performative in nature. They claim to be the • Law as a Process of Communication: Reisman Meets products of an existing “people” as they also constitute or estab- Habermas, in Looking to the Future: Essays in International 2010–11 lish that very people. The project attempts to reconcile or mediate Law in Honor of W. Michael Reisman (Mahnoush H. the tension between the descriptive claim and the performative Arsanjani, Jacob Katz Cogan, Robert D. Sloan & Siegfried TULANE function. Fourth, to write an autobiography is “to presuppose Wiessner eds., 2010) a subsequent act of reading” and the imagined reader is “another • Targeted Sanctions as a Counterterrorism Strategy, ___ Tul.

manifestation of the otherness with which autobiographies must J. Int’l L. & Comp. L. (2010) LAWYER reckon.” Constitutions, of course, presuppose subsequent acts of • Authority and Community, 18 Asia Pac. L. Rev. 63 reading (by subsequent generations) in the form of interpretation (Hong Kong, 2010) • Torture as a Counterterrorism Strategy, 44 Comp. L. Rev. ___ (2010) 31 58080_TulLaw_22-33:58080_TulLaw_22-33 2/9/11 3:52 PM Page 32

ANOTHER QUESTION TO FOLLOW

Publications KEITHWERHAN • Review of Joseph P. Tomain, Creon’s Ghost: Law, Ashton Phelps Chair of Constitutional Law Justice, and the Humanities (Oxford University Press, 2009), 44 Law and Society Review ___ (2010) PROFESSOR WERHAN specializes in Constitutional law, including the speech and religion clauses of the First Amendment, federal jurisdiction, and administrative law, and has published widely in those areas. He entered the practice of law in mass meetings of ordinary citizens, naturally accommodated Washington, D.C., first with a private law firm and later popular constitutionalism. By contrast, the framers of the with the U.S. Department of Justice. He currently teaches Constitutional Law and Administrative Law. American constitution consciously designed a representative democracy that disabled ordinary citizens from deciding govern- ment law and policy on their own. And they entrusted the power MY CURRENT WORK is an article tentatively titled, “Popular to decide cases to the least democratic institution of the govern- Constitutionalism, Democracy, and Judicial Review: Lessons from ment. In this light, the article will examine whether any form of Athens.” The article is part of a book project relating the classical popular constitutionalism worthy of the name makes sense in the Athenian democracy to American constitutionalism. It also is an American constitutional system. entry in the current debate among constitutional law scholars over This topic interests me because it offers a compelling vehicle “popular constitutionalism,” a theory that challenges the demo- for exploring my overriding interests in the differing natures of cratic legitimacy of judicial review. Advocates of popular constitu- Athenian and American democracy, as well as for the ways in tionalism have their differences, but they all make a democratic which the institutional design created by the American constitu- appeal that the people (in some way) replace the courts (at least to tion reflects and reinforces our understanding of democracy. The some degree) as the day-to-day decision-maker on the meaning practice of judicial review is a defining feature of the Athenian and application of the Constitution. and American democracies, and the contrast between Athens and The Athenians managed to institutionalize just such a theory as America regarding this practice puts into relief the nature and the culmination of their democracy. They also invented the con- implications of the democratic choices that our founders made, cept of judicial review, empowering the courts to invalidate legis- as well as the options that are available to us as we define and lation and assembly decrees if those enactments were inconsistent re-define our democracy each day. with the fundamental law (nomos) of Athens. Athenian judicial Scholarly research is important to me as an academic for the review was the apotheosis of popular constitutionalism because same reason that breathing, eating, and drinking are important to the Athenian courts were thoroughly democratic institutions. They me as a living being. It sustains me intellectually and allows me essentially were large juries of randomly selected citizens, never to grow as a legal thinker and teacher. My teaching has always fewer than 500 in number, that possessed complete decision- informed my scholarship, and my scholarship has always informed making authority to decide cases. my teaching. Active and ongoing scholarship enables The Athenian experience proves that popular constitutionalism is possible, and it offers some suggestions of its strengths and me to invite my students to join the constant weaknesses, but does it fit America’s constitutional democracy? conversation among legislators, judges, lawyers The classical Athenians, which embraced a model of direct and our fellow citizens about what our law is and democracy that entrusted all government decision-making to what our law should become.

2010–11 ROBERT FORCE speaker, “Evolution Not Originalism” after McDermott v. AmClyde, 7 Benedict’s Niels Johnsen Professor of Maritime Law • Wuhan University Law School, lecture Maritime Law Bulletin 216-220 (2009) Lectures and Addresses leader: series of five lectures on maritime Other Published Scholarship • Meeting of the Transportation Law law (Oct. 2009) Edited book on Chinese Maritime Law Association, U. of Denver, speaker, Publications (written in English by Xianglan Zhang,

FALL\WINTER “COGSA v. Carmack” (Fall 2009) • The Aftermath of Norfolk Southern Wuhan University Law) • Tulane Maritime CLE program, speaker, Railway v. James N. Kirby Pty Ltd.: “Settlement and the Right to Contribution Jurisdiction and Choice of Law Issues, JOEL FRIEDMAN Jack M. Gordon Professor of Procedural LAWYER after McDermott v. AmClyde” (Dec. 2009) 83 Tul. L. Rev. 1393-1433 (2009) • Maritime Law Section of the AALS, • COGSA v. Carmack, 36 Transp. L. J.1-20 Law & Jurisdiction jointly sponsored by the Sections on (U. of Denver, 2009) Lectures and Addresses • Settlement and the Right to Contribution Orientation Seminar for Newly Installed TULANE Constitutional Law and Federal Courts, 32 58080_TulLaw_22-33:58080_TulLaw_22-33 2/9/11 3:52 PM Page 33

YOUR A N S W E R.” Professor Kingsfield, The Paper Chase

U.S. Magistrate Judges, Federal Judicial Professional Highlights Marcy Greer) (ABA Publications, Spring 2010) Center, Washington, D.C., presented, • Conducted three-day training program on • Marcus, Sherman & Pfander’s Civil “Handling Employment Discrimination “Legislative Drafting,” USAID Kosovo Justice Procedure: A Modern Approach, 5th ed. Litigation” (Oct. 2009) Support Program, Prishtina, Kosovo (Oct. 2009) (American Casebook Series, Thomson/West Publications • Appointed to Mayor Mitch Landrieu’s transi- Pub. Co., 2009) • Evidence (with Steven L. Emanuel) tion team on Blight (2010) Media Highlights (Aspen, 2010) • NPR, BP Installs Containment Cap after • Employment Discrimination: Examples and PAMELA METZGER Mishap (June 24, 2010) Explanations (Aspen, 2010) Associate Professor of Law • Wall Street Journal, Chinese Drywall Maker • The Law of Civil Procedure: Cases and Professional Highlights Says it is in Talks with Builders (Apr. 28, 2010) Materials (with Michael Collins) (3rd ed., 2010) Presented at the annual Evidence and Criminal • USA Today, Katrina Negligence Lawsuit has Media Highlights Procedure Training for the Judicial College of Implications for All Hospitals (Jan. 10, 2010) The New York Times, In Cleanup, It’s Local Louisiana (Mar. 2010) Help Wanted, Workers Find (June 21, 2010) TANIA TETLOW SHUYI OEI Felder-Fayard Early Career Associate JANCY C. HOEFFEL Associate Professor of Law Professor of Law and Director of Tulane’s Vice Dean for Academic Affairs and Catherine Lectures and Addresses Domestic Violence Clinic D. Pierson Associate Professor of Law • Law & Society Annual Meeting, Chicago, Professional Highlights Publications presented work-in-progress, “Judicial Appointed to Mayor Mitch Landrieu’s transi- ‘Our Perfect Constitution’: The Roberts’ Approaches to Unrelated Party Participants in tion team on Criminal Justice 4 Court’s Struggle with Innocence, Tax Shelter Cases: Proposals for a Uniform 85 Chicago-Kent L. Rev. 43 (2009) Jurisprudence” (May 27–29) ELIZABETH TOWNSEND-GARD Associate Professor of Law and Media Highlights • AALS New Law School Teachers Workshop AP, Jury selection begins in bizarre Metairie on “Biggest Triumphs and Mistakes: Junior Co-Director, Tulane Center for Intellectual murder case (Sept. 21, 2009) Faculty Perspectives,” Washington, D.C., Property Law & Culture panelist (June 17–19, 2010) Appointments, Elections and Awards DAVID KATNER Professional Highlights Intellectual Life Committee award (with Professor of Clinical Law Attended invitational career workshop that Glynn Lunney) (for funds towards The Future Lectures and Addresses trained new researchers in qualitative, quanti- of Copyright Speaker Series, 2011) • AALS Conference, New Orleans, presented, tative, and historical/textual research methods, Lectures and Addresses “Meeting the Needs of Children During Times Chicago (May 25–26, 2010) Copyright at 300: The Statute of Anne of Crisis: Hurricane Katrina and Beyond” Conference, UC Berkeley, presented, “The (Jan. 2010) EDWARD SHERMAN Durationator” (Apr. 9–10, 2010) • Eastern District of Louisiana Criminal W.R. Irby Chair in Law Publications Justice Act Panel CLE, New Orleans, Lectures and Addresses The Present (User-Generated Content Crisis) presented, “Representation of Juveniles— • Conference on Aggregate Litigation: Critical is the Past (the 1909 Copyright Act) (with Ron Competency to Stand Trial” (Nov. 2009) Perspectives, George Washington University Gard), accepted for publication in Cardozo Publications Law School, Washington, D.C., presented, Arts & Entertainment Law Journal Delinquency and Daycare, 4 Harvard Law & “Abandoned or Not-Pursued Claims in Class Professional Highlights Policy Review 49 (2010) Actions: Implications for Adequacy of • Recipient, Faculty Fellowship to attend 2010 Counsel and Preclusion” (Mar. 12, 2010) Curt C. and Else Silberman Seminar for BECKI KONDKAR • Tulane-Frankfurt Conference on Extra- University Faculty: Jewish Responses to the Deputy Director of Tulane Law School’s territoriality, Tulane Law School, presented, Holocaust: Teaching the Victims’ Perspective, Domestic Violence Clinic “Extraterritorial Aspects of Aggregate United States Holocaust Memorial Museum Appointments, Elections and Awards Litigation” (Nov. 21, 2009) (June 2–15, 2010) Recipient, “Esprit de Femme” award for ‘pres- • American Bar Association annual meeting, • Recipient, IDEA grant (in relation to tigious distinction,’ Louisiana State University San Francisco, presented report 3 Durationator), Tulane University (Mar. 2010) Publications (Spring–Summer 2010) • Marcus, Sherman & Erichson’s Complex DAVID MARCELLO Litigation: Cases and Materials in Advanced 1 Prof. Davies drafted the Advisory Council Opinion, Executive Director of the Public Law Center Civil Procedure (Thomson/West Pub.Co., 2010) which was adopted at a conference in Belgrade, Serbia FALL\WINTER Legal Consultation or Testimony • Judicial Supervision of Attorney Fees in (Nov. 2010). Co-authored a brief filed with the Louisiana Aggregate Litigation: The American Vioxx Fifth Circuit Court of Appeals in Perry v. Experience as Example for Other Countries, 2 One of five articles solicited for the symposium on Nagin, challenging as a violation of the Home in Intercultural Law (Oscar Chase & Janet “Great Dissents in Fourth Amendment Cases,” National Rule Charter the city’s practice of hiring “spe- Walker eds., 2010) Center for Justice and Rule of Law, University of 2010–11 cial counsel” without first securing a 2/3 vote • Obama Positions in the Aftermath of Mississippi Law School.

of approval from the City Council Supreme Court’s Rejection of Bush Detention TULANE 3 ABA adopted Prof. Sherman’s resolution, which Lectures and Addresses Policies at Guantanamo, Tulane Public Law call on Congress and federal agencies to follow certain Annual AALS meeting, panelist and present- Research Paper No. 09–13, in Military Law procedures as to when a federal rule “preempts”— ed, “Rebuilding New Orleans, Transforming and the Law of War Review (Spring 2010) prevents the application of—state law. LAWYER America: Role of Nonprofit Organizations in • Management Techniques and Devices New Orleans and National Recovery” on work for Segmenting Aggregate Litigation, in 4 The Criminal Justice Task Force held an all-day of The Public Law Center (Jan. 2010) A Practitioner’s Guide To Class Actions (ed. meeting at Tulane Law School on Apr. 12, 2010. 33 58080_TulLaw_34-35:58080_TulLaw_34-35 2/9/11 3:54 PM Page 34

TULANE LAW SCHOOL CLASS OF 2 0 1 0 58080_TulLaw_34-35:58080_TulLaw_34-35 2/9/11 3:54 PM Page 35

“REMEMBER WHAT YOU HAVE LEARNED ON THE STREETS OF THIS C I T Y. REMEMBER THE TRIUMPH AND T R A G E DY, THE RICHNESS AND POVERTY, AND REMEMBER HOW YOU MADE IT BETTER.” —Anderson Cooper, CNN Anchor and Author, Tulane University Unified Commencement Ceremony, May 15,2010 58080_TulLaw_36-48:58080_TulLaw_36-48 2/9/11 3:57 PM Page 36

ALMA MATTERS

CLASS 60 YEARS IN LAW Each year, the Louisiana State Bar Association recognizes its members who NOTES have reached half a century and beyond in their professional careers. Following a reception on Jan. 22, 2010, Tulane law alums admitted to the bar in 1950 cele- brated their 60-year milestone at a dinner organized by participating classmates.

1 9 6 0 The Woman Who Would Be Pharaoh, a second novel by William Klein, was published by Kunati Books in May 2009. The novel is based on records in the palace archives of the Hittite King Suppiluliumas (1344–1322 B.C.) and covers the tumultuous period of ancient Egypt’s 18th dynasty.

1 9 6 9 Frank E. Lamothe III, an attorney with the Lamothe Law Firm in Covington, La., has been selected for inclusion in the 2010 Louisiana Super Lawyers (Corporate Counsel Edition, Seated, left to right, Bernard N. Marcantel, Walter Carroll Jr., Business Litigation). Lamothe is the M. Joseph C. Hero and standing, left to right, Alfred Smith Landry Sr., President-Elect for the Louisiana Chapter Hon. Peter C. Piccione Sr., Jack C. Benjamin Sr., William K. Christovich, of American Board of Trial Advocates Hon. Philip C. Ciaccio, William M. Lucas Jr. and Frank S. Bruno for 2009–10 and recently was appointed to the 2009–10 Louisiana Association for Justice Board of Governors. as a “Client Service All-Star” in the BTI Thomas R. Trotter 1 9 7 4 Client Service All-Stars for Law Firms has been named one of J. Michael Veron, of Veron, Bice, 2010 survey. Highly regarded by clients the “2010 Northeast Palermo & Wilson LLC (Lake Charles), and colleagues, Teplitzky joins a group Ohio Leading Lawyers” was named again to the Best Lawyers of only 22 attorneys from across the by Inside Business in America (Commercial Litigation and nation who has received this recognition magazine. Trotter is a Personal Injury Law) and to Louisiana at least two years in a row, and is one of member of Vorys, Sater, Seymour and Super Lawyers. Since publishing his last only seven attorneys who have received Pease LLP’s corporate and finance group book, Shell Game (2007), Veron has this recognition for three or more years. (Akron). He practices in municipal completed two additional books, both Teplitzky chairs Ober|Kaler’s Health finance and represents issuers and about golf. Law practice, where he represents underwriters of tax-exempt bonds. providers in reimbursement and fraud

2010–11 1 9 7 5 and abuse matters. 1 9 7 6 Sanford “Sandy” V.Teplitzky, a princi- Prior to joining Ober|Kaler, Teplitzky Michael A. Florie, a pal in the law firm Ober|Kaler, has been was with the U.S. Department of Health, Fellow of the American elected to the Board of Directors of Balti- Education and Welfare, where he served College of Trial Lawyers

FALL\WINTER more Reads, Inc. for a three-year term. as counsel for the Medicare and Medi- and a Senior Litigation Now in its twentieth year, Baltimore Reads caid programs. He is a founding Fellow Partner with Starnes & teaches adults the literacy skills neces- and former president of the American Atchison LLP (Birmingham), recently LAWYER sary to function in society, achieve goals, Health Lawyers Association. was named by Best Lawyers as the and develop individual knowledge and “Birmingham Best Lawyers Medical

TULANE potential. Teplitzky also was recognized Malpractice Lawyer of the Year” for 2010.

36 60-year photo furnished by Smitty Landry 58080_TulLaw_36-48:58080_TulLaw_36-48 2/9/11 3:57 PM Page 37

JIM LETTEN (L ’79) 1 9 7 9 U. S. A t t o r n ey f o r Claiborne Deming, a Jefferson Scholars the Easter n District Selection Committee member, has been of Louisiana named a senior advisor at TPH Partners, the private equity affiliate of energy investment and merchant banking firm Tudor, Pickering, Holt & Co. (Houston). Deming was the Chief Executive Officer, President of Murphy Oil Corp. from NEW ORLEANIAN OF THE YEAR October 1994 to Dec. 31, 2008, and cur- JIM LETTEN, TEAM OF UNTOUCHABLES rently serves as an Executive Director (since 1993) and as chairman of the very year since Hurricane Katrina, Gambit has honored individuals and groups executive committee. who have helped our city recover from the greatest man-made and natural disaster J. Kelly Duncan, a part- Ein U.S. history. This year we again pay tribute to a hero of the recovery, but, for ner with Jones Walker only the second time in our history, we honor someone from the public sector (the first (New Orleans), has been was Lindy Boggs, who received the honor upon her retirement in 1991). elected Vice-President of For all the governmental failures during and after Katrina, one branch of the federal the International Masters government stands out for having risen to the occasion time and again to help the city of Gaming Law (IMGL). and the region right itself. From helping local prosecutors when the local criminal justice Duncan, who leads the system fell apart to aggressively pursuing fraudulent FEMA, Road Home and Red Cross firm’s gaming practice and is a member claims to ferreting out entrenched political corruption, the U.S. Attorney’s Office under of Jones Walker’s board of directors, is a member of the International Association Jim Letten has lifted the standards—and the hopes—of post-Katrina New Orleans. of Gaming Attorneys, as well as IMGL. The mere mention of Letten’s name sends shivers down the spines of crooked pols Since the passage of legislation in and evokes cheers from citizens, but he gives all the credit to his staff, fellow prosecutors, Louisiana in the early 1990s authorizing the FBI, Drug Enforcement Administration and other agencies. While his office has video poker, riverboat gaming, the land amassed an impressive record on many fronts since Katrina, 2009 was a banner year for based casinos and racinos, he has been Letten and his team of modern-day Untouchables: more than a dozen high-profile criminal involved in the representation of major indictments and trials against political crooks from every corner of southeast Louisiana— casino companies, manufacturers, suppli- and major investigations are, says Letten in his best Eliot Ness game face, “ongoing.” ers and financial institutions regarding All of which makes U.S. Attorney Jim Letten an easy choice for Gambit’s 2009 all matters relating to the development, New Orleanian of the Year. financing, and operation of such facilities. —An excerpt from Gambit Weekly Patricia A. Fennelly has been promoted to Counsel with Tucker Ellis & West LLP and its attorneys and staff in 12 offices with Thelen LLP. Brownridge has exten- (Denver), where she is in six states and Washington, D.C. sive experience in representing domestic a member of the trial O’Brien is the group leader of the and foreign developers and institutional department. Her diverse firm’s regional Litigation Practice lenders in the development, leasing and FALL\WINTER litigation practice in state and federal Group. He has more than 20 years of financing of office buildings, hotels, courts during the last twenty-eight years experience dealing with transactions and shopping centers, sports facilities, con- has included product liability and employ- litigation arising out of the exploration, dominiums, cooperatives, apartment ment defense work, as well as intellectu- development, production, transportation buildings, mixed use complexes, vacant 2010–11 al property and commercial cases. and regulation of oil and gas operations land and warehouses. in the Gulf Coast Region.

Thomas G. O’Brien, a New Orleans 1 9 8 1 TULANE partner with Adams and Reese LLP, has 1 9 8 0 Eugene F. Pollingue Jr. is on the board begun a three-year term on the firm’s Lawrence “Larry” B. Brownridge has of directors of Catholic Charities of the Executive Committee. Comprised of six joined Seyfarth Shaw LLP, as a partner Diocese of Palm Beach, Fla. He is also LAWYER partners, the committee oversees the in the firm’s Business Services Depart- chair of Young Friends of the Palm Beach strategic operations of Adams and Reese ment (New York). He was previously Opera. A certified public accountant and 37 58080_TulLaw_36-48:58080_TulLaw_36-48 2/9/11 3:57 PM Page 38

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partner with Fox Rothschild in West Palm Beach, ZACHARY KUPPERMAN (L ’09) Pollingue represents Founder, PolicyPitch.com clients in a range of Attor ney, The Steeg Law Fir m areas from estate planning and tax plan- ning for commercial transactions to tax controversies with the Internal Revenue Service. His practice focuses on probate trusts and estates and tax law.

KUPPERMAN PITCHES IN TO BETTER 1 9 8 2 POLITICAL PROCESS Linnie W. Causey has joined Morris Manning & Martin LLP (Research Triangle Park, of counsel), as a member n 2009, for his work on PolicyPitch.com, ZACHARY “ZACH” KUPPERMAN of the Real Estate Development, was named by Gambit as one of New Orleans’ “40 under 40” and selected as Residential Real Estate and Energy & an “Innovator of the Year” by New Orleans CityBusiness. Kupperman, an I Infrastructure Finance Practices. Causey attorney for The Steeg Law Firm, founded PolicyPitch in 2008 to engage normal primarily devotes her practice to real citizens—not just the upper echelon—in the political process. The result is a Web property and business transactions and service that allows users to propose ideas, which can be anything from income tax represents developers, builders, commer- laws to plans for outdoor movie screenings, then rally support for these ideas. cial property owners, and property man- PolicyPitch is part of the Open Government movement. agement companies in a variety of real Redesigned in early 2010, PolicyPitch currently allows users to track legisla- estate and financing matters. Prior to tion in Arizona, California, and Kentucky at no cost. Blog posts report that the site joining MMM, Causey was in private eventually will contain legislative tracking for all 50 states and eventually munici- practice in Chapel Hill, N.C., and with pal ordinances as well. In addition to the legislative tracking, users can pitch their Gulf Oil Corp./Chevron U.S.A. own ideas for change to their community. 1 9 8 3 Even further, Kupperman is behind a new free iPhone application that puts Gail Agrawal has been the entire field of mayoral and city council candidates into the pockets of New named the 17th dean of Orleanians. Conceived and designed by Kupperman and Neel Sus, a Tulane the University of Iowa graduate with a mechanical engineering degree, the “Election Hub” app provides College of Law, effec- users with up-to-the-minute facts, statistics and news about New Orleans tive July 1, 2010. Since elections. It also allows users to make comments so they can share ideas and 2006, Agrawal served participate in surveys. as Dean and Professor Kupperman and Sus contribute no editorial content, but rather compile infor- of Law at the Kansas University School mation provided by the candidates as well as financial disclosure information of Law in Lawrence, Kan. Prior to her pulled from the state board of ethics website and regularly updated news articles. roles at KU, Agrawal was a faculty mem- “One of the goals is to generate conversation,” says Kupperman. “It’s not just ber at the University of North Carolina a way to follow information.” Law School, where she served as Asso- ciate Dean for Academic Affairs, Senior The two hope to develop Election Hub as a multiplatform application that can Associate Dean and, during the 2005–06 be used with other smart phones. 2010–11 academic year, as Interim Dean. Her pri- “IPhone users are a very small group of people,” he says. “Eventually we’d mary research interests are in healthcare like the application to be available for all phones.” delivery and financing, and medical ethics.

FALL\WINTER Kupperman is the co-founder (with Alex Glazer, L ’09) of the New Orleans Young Patricia A. Krebs, Urban Rebuilding Professionals, where he served two years as chairman and cur- a member at the law rently serves on the board. He also sits on the Civil Rights committee of the Anti- firm of King, Krebs LAWYER Defamation League (South Central Region). He is actively involved in and dedicated & Jurgens PLLC, to economic development in the New Orleans region, participating in the creation received the 2009

TULANE of and contributing to WorkNOLA.com, Destination Broadmoor, and 504ward. Distinguished Maritime 38 58080_TulLaw_36-48:58080_TulLaw_36-48 2/9/11 3:57 PM Page 39

CLASSNOTES We want to hear what’s new with you. Send your Class Note to Ellen Brierre, law alumni affairs USPS: Tulane Law School, Alumni Affairs, 6329 Freret St., New Orleans, LA 70118 E-mail: [email protected] Fax: (504) 862-8578 Lawyer Award from the New Orleans Bar Web: http://tulane.edu/alumni/tellusyournews.cfm Association (NOBA) at a luncheon held in her honor on Oct. 23, 2009. The award To update your information, visit http://tulane.edu/alumni/updateyourinfo.cfm honors a long-standing member of the Maritime and International Law Com- mittee who is respected highly among involved with prosecuting sophisticated McNeil is also a part-time student at peers and contributes significantly to the and complex litigation. In addition, his Dallas Theological Seminary, where he is local admiralty bar. On Nov. 19, 2009, immediate role in the firm will be to pursuing a Master of Theology (Th.M.) Krebs was installed as NOBA’s 85th pre- bolster the Maritime and Admiralty prac- degree with the intention of going into sident at the Audubon Tea Room. Krebs tice. Hanson has practiced law for more full-time pastoral ministry in the future. says she looks forward to serving the than 20 years and has committed his cause of justice and diversity as president. professional career to fighting for the 1 9 9 1 Stephen J. Oats chairs rights of injury accident victims and Peter M. Newman of the Philadelphia the Louisiana Wildlife people involved in business litigation. personal injury law firm Feldman and Fisheries Commis- He is known in the legal community Shepherd Wohlgelernter Tanner Weinstock sion for 2010. He has as “the boating safety lawyer.” & Dodig served as a faculty member at served on the commis- the Philadelphia VIP’s (Volunteers for the sion since April 2007. 1 9 8 7 Indigent Program) annual training event, A Ducks Unlimited Robert J. Egielski took time off from Pro Bono Opportunities Day, on Oct. 27, lifetime sponsor, National Rifle the practice of law last year to produce 2009. The legal services organization’s Association lifetime member, Coastal and record a CD of acoustic guitar training event focused on preventing Conservation Association member, and instrumentals that he composed. The CD homelessness among Philadelphia’s low- an instrument-rated pilot, Oats is a part- is entitled, “There Goes Yesterday, Here income population, offering instruction ner with Oats & Hudson law firm, which Comes Tomorrow” (Bob E. –Guitar). in mortgage foreclosure, quiet title and has offices in New Orleans, Lafayette public housing matters. As part of and Baton Rouge, La. “As a lifelong 1 9 8 8 Philadelphia VIP’s Foreclosure Rescue resident of Louisiana and a trained legal Richard W. Westling, a principal in the Effort (Philly FReE), Newman provided professional, I am interested in conserv- White Collar Defense and Health Law instruction to attorneys interested in fur- ing and promoting Louisiana’s wildlife Groups at Ober|Kaler, has been named nishing pro bono representation to low- resources,” Oats said. “My education and one of 10 “Outstanding Healthcare income individuals facing foreclosure. background has prepared me to assist in Litigators” for 2009 by Nightingale’s supporting the wildlife and fish habitats Healthcare News. Westling has more David M. Whitaker has joined the Labor of Louisiana for future generations.” than twenty years of experience, both and Employment Law practice group as a government attorney and in private of Kean Miller Hawthorne D’Armond 1 9 8 4 practice, particularly in matters involving McCowan & Jarman LLP, as a partner Andy Taggart has formed the law firm white-collar defense, health care fraud, in the New Orleans office. Whitaker of Taggart, Rimes & Usry, PLLC in compliance, and related litigation. Prior will focus his practice on the defense Ridgeland, Miss. Prior to joining with to joining Ober|Kaler, Westling practiced of employment discrimination and other partners Jeff Rimes and Lisa Usry, in New Orleans, where he defended employment-related claims, advising Taggart maintained his own law practice corporations and individuals in criminal employers on compliance with state and for several years. He was previously a and civil enforcement matters. federal employment laws, drafting non- partner in Mississippi’s largest law firm, compete and other employment-related 2010–11 FALL\WINTER and Chief of Staff to former Gov. Kirk 1 9 9 0 agreements and policies, and obtaining Fordice. Taggart’s practice is focused Eric McNeil and Melissa Lopez were work visas, permitting employers to uti- in the areas of business and corporate married on June 27, 2009, in Dallas, lize skilled foreign workers in the United counsel, transactions and strategies; Texas. Andy Szuwalski (L ’90) served States. Prior to joining the firm, Whitaker healthcare; selected litigated matters; and as best man, and Nick Petras (L ’90) was a partner with Lemle & Kelleher LLP.

government, elections and political law. and Guy Valdin (L ’90) were grooms- LAWYER TULANE men. The newlyweds reside in Dallas, 1 9 9 3 1 9 8 5 where McNeil continues his insurance Manuel A. Garcia-Linares, the Managing Mark Hanson has joined LaBovick defense practice at the Dwyer Law Firm Shareholder of the law firm of Richman & LaBovick, PA (Fla.). As the firm’s and Melissa works in the children’s Greer, P.A. (Miami and West Palm Director of Litigation, he will be ministry at Park Cities Baptist Church. Beach), has been elected President of 39 58080_TulLaw_36-48:58080_TulLaw_36-48 2/9/11 3:57 PM Page 40

ALMA MATTERS (L to R) Vice Dean Jancy Hoeffel, Clinical Instructor Jane Johnson and Susan Hutson gather Rod West, President and Chief Executive at the 2010 law school Officer, Entergy Corporation and homecoming reception Entergy New Orleans, Inc. (ENOI), at Weinmann Hall. recently received awards from the National Eagle Leadership Institute for displaying exemplary leadership. West SUSAN HUTSON (L ’92) was among 11 business leaders receiving New Orleans Police Monitor the CareerFOCUS Eagle Award, which honors African-American and Latino For mer Assistant Inspector General, professionals who excel in business and City of Los Angeles community leadership. West is responsi- ble for ENOI’s financial and operational performance, customer service, regulato- HUTSON SHEDS LIGHT ON NOPD ry and governmental relations, economic development programs, external and fter a search through 111 applicants, SUSAN HUTSON was named the new independent internal communications, charitable con- police monitor for the city of New Orleans in April. In her new position, which became tributions and environmental policy. Aeffective June 1, she is responsible for monitoring internal New Orleans Police Department (NOPD) investigations and conducting audits and assessments of the department. 1 9 9 4 Heather R. Boshak, Hutson has been working for nearly two years as assistant inspector general for the city of a partner in the Labor Los Angeles, where she managed assessments of the LAPD. Prior to that, she worked as an assis- & Employment Practice tant police monitor in Austin, Texas, and an assistant city attorney in Corpus Christi, Texas. at Fox Rothschild LLP In a recent interview with The New Orleans Tribune, Hutson expounded some of the chal- (Roseland), has been lenges she expects to face, all of which she said revolve around trust. selected by the New “I have nothing to hide in this process, and want the police department to know exactly what Jersey Women Lawyers we are doing,” stated Hutson. and the New Jersey Commission on The NOPD agrees it is important for Hutson to win back the faith of the people. According to Professionalism in the Law as a recipient NOPD Assistant Superintendent Marlon Defillo, “The men and women of the New Orleans Police of the 2009 Professional Lawyer of the Department are very excited that we’re going to have someone that’s going to embrace the commu- YearAward. The annual awards are given nity and the police department and work with the department in terms of what we can do better.” to lawyers who, by virtue of their con- “…If I can shine a brighter light on that process,” said Hutson, “I will be glad to do it.” duct, competence and demeanor, set a positive example in the profession and are respected by colleagues for their character and exemplary professional behavior. the Cuban American Bar Association company in the world. Gottsegen has In her practice at Fox Rothschild, (CABA). In addition, the 2010 South returned to greater New York, following Boshak represents employers throughout Florida Legal Guide named him one of five years in Atlanta as Chief Securities the United States in federal and state the “Top Attorneys” of South Florida. Counsel for The Home Depot, Inc. courts and in various administrative Garcia-Linares primarily practices in the tribunals in cases alleging sexual harass- Jeffrey W. Kibbey has joined Century areas of commercial and class action liti- ment, race, national origin, gender, Mortgage Company d/b/a Century gation, as well as corporate and transac- disability and age discrimination, breach tional matters. An active community Lending Company as Vice President and

2010–11 of contract, violations of public policy General Counsel, effective November leader, the Coral Gables resident current- and tort claims. ly serves as a trustee of the Coral Gables 2009. Kibbey will oversee Century’s Karen Kirshbom Herman began a Chamber of Commerce and is a member legal department, including all matters six-year term as Judge, Orleans Parish of the City of Coral Gables Parknership related to regulatory compliance, litiga- FALL\WINTER Criminal District Court, on Jan. 1, 2009. Committee and Retirement Board. tion and loss mitigation. Her husband, Stephen Jay Herman Jonathan M. Gottsegen was named C. Russell H. Shearer (LLM) has (L ’94), is a partner at Herman, Herman, LAWYER Senior Vice President, General Counsel been named the Vice President of New Katz and Cotlar. The couple resides in and Corporate Secretary of United Reactor Programs for ISL, Inc., located Uptown New Orleans with their two

TULANE Rentals, Inc., the largest equipment rental in Rockville, Md. young children. 40 FALL\WINTER 2010–11 TULANE LAWYER 41 has been has joined the partner- has been elected into the financial services group (Washington), Bogle reg- ularly advises investment companies, investment management companies, and other financial insti- tutions on a wide variety elected into the partner- ship of Jones, Walker, Waechter, Poitevent, Carrère & Denègre (Business & Commercial Litigation, Houston). Josh Norris 2 0 0 1 Thomas C. Bogle ship at Dechert LLP.A member of the Prior to joining Jones Walker, Norris was with the Houston officeKelleher of LLP. Lemle His & practice ranges from commercial litigation and class actionsenvironmental to and toxic torts, andtried he more has than 40 casesand in district both courts. federal rights disputes in the Delaware Superior Court, the Delaware Court ofand Chancery the United States Districtthe Court District for of Delaware. He hasparticipated also in appeals in theSupreme Delaware Court, the United Statesof Court Appeals for the Third Circuit,United and States the Court of AppealsFederal for Circuit. the Shannon S., Frazier an attorney with Morris James LLP (Del.), hasnamed been secretary of the Corporate Counsel Section of the Delaware State Bar Association for the 2010–11 term.As an attorney with aon practice transactional emphasis matters, Frazier focuses on rendering legal advice tobusiness Delaware entities in the areastion, of operation forma- and governance offollowing: the statutory and common law trusts, limited liability companies, part- nerships and corporations. Vladimir Maly partnership of Latham & Watkins LLP (London). Maly is a financespecializing attorney in transactions involving cross-border derivatives. has made and her has been has been elected a husband, Roderic Allsopp, welcomed a daughter, Thandiwe Allsopp, on Oct. 27, 2009. Thandiwe was born at Sibley partner in the Products Liability practice of Sidley Austin LLP (Chicago). Her practice emphasizes mass tort litigation, including Jana D. Jobes South Florida Legal as a “Top Up and Comer” for complex litigation and national coordina- tion, and defense of pharmaceutical product liability cases. Jobes represents manufacturers in multidistrict and related state litigation, involving prescription drugs and medical devices. Hospital in Washington, D.C., weighing 9 pounds, 10 ounces. director of Richards, Layton &(Wilmington). Finger Fineman’s diverse practice includes intellectual property litigation, complex commercial litigation, and civil 2 0 0 0 Steven J. Fineman 1 9 9 9 Runako Kumbula Allsopp with insurance brokers. In 2008, Thayer co-tried a lawsuit against an insurance broker in which the jury’s $48.5verdict million was one of theof 50 the largest verdicts year in theof United the States 10 and largest one in California. Stephanie Reed Traband selected by the Guide 2010 in the area ofTraband Banking is Litigation. a special counselBusiness in & the Commercial firm’s Litigation Practice Group, with a decaderesolution of experience dispute in areas including arbitration, bankruptcy, real estate and international law. She also has signifi- cant appellate experience. Traband is the United States national representative in the International Association of Young Lawyers (AIJA) and serves as vice-presi- dent of litigation AIJA’s commission. live in Atlanta has been elected Andrea F. Hoeschen has been named as the to the partnership of Dickstein Shapiro LLP in the firm’s Insurance Coverage Practice (Los Angeles). She is also the national co-leader of the firm’s Insurance Michelle Staes and Cindy L. Szabo Gubernatorial Appointee to the BoardDirectors of of the Delaware Community Foundation (DCF), a nonprofit organiza- tion that “connects people whomanaging care” charitable by funds and awarding grants to nonprofit organizations that benefit Delawareans. Szabo, a partner with Ellis & Szabo LLPconcentrates (Georgetown), her practice in theestate areas planning, of estate administration, real estate and general corporateBefore law. relocating to Delaware in 2005, Szabo practiced law for seven years with Pitney Hardin LLP (predecessorDay to Pitney LLP) in its NewMorristown, York N.J., and offices. She currently lives in Rehoboth Beach withband, her Brian, hus- and daughter, Alexandra. Sandra Smith Thayer 1 9 9 8 Coverage Initiatives and chair of the firm’s insurance broker, E&O, and political risk initiatives. Thayer conducts an active trial and arbitration practice, representing insureds in complex insurance coverage matters and in disputes and litigation In September 2009, with their three children—Ethan (13), Grace (10) and Holden (6).Gift Michelle Planning is Officer a at herSpelman alma College. mater, Steven is Vice Presi- dent of Human Resources/Associate Counsel at K&G Fashion Superstore, a division of The Men’s Wearhouse. 1 9 9 5 completed Ironman Wisconsin (2.4-mile swim, 112-mile bike, 26.2-mile run).also She has completed the American Birke- beiner and three marathons. According to Hoeschen, who currently residesMilwaukee, in she also “occasionally practices law.” Steven 58080_TulLaw_36-48:58080_TulLaw_36-48 2/9/11 3:57 PM Page 41 Page PM 3:57 2/9/11 58080_TulLaw_36-48:58080_TulLaw_36-48 58080_TulLaw_36-48:58080_TulLaw_36-48 2/9/11 3:57 PM Page 42

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of corporate, regulatory, and enforcement matters. He also is engaged in the firm’s anti-money laundering practice. Stephen Gill was admitted to the part- nership of Vinson & Wilkins LLP, effec- tive Jan. 1, 2010. Since 2001, Gill has been an associate in the Houston office of Vinson & Elkins, specializing in mergers and acquisitions and securities offerings. He has been a “Texas Rising Star” in each of the past five years. Gill was one of the lead attorneys represent- DAVID WEIGEL (L ’73) ing Huntsman Corp. in the negotiation of a merger agreement with Hexion Specialty For mer County Attor ney, Collier County of Florida Chemicals Inc. and was instrumental in and Founder, President, Lighthouse of Collier Inc. the related litigation in Delaware, which ultimately led to a 10-figure settlement for Huntsman. Seth A. Levine has joined the New FUTURE LOOKING BRIGHT Orleans office of Jones Walker, as a FOR 1 9 7 3 GRADUATE special counsel in the Business & Com- mercial Transactions Practice Group. ast spring, DAVID WEIGEL helped found Lighthouse of Collier Inc., Levine also will be an associate member a center for blindness and vision loss designed to “promote the develop- of the firm’s Real Estate Practice Group. Lment, implementation, and ongoing evaluation of programs … for the Levine joins Jones Walker after working blind, visually impaired, and their caregivers.” Established as a Florida Not For at Baker, Donelson, Bearman, Caldwell Profit Corporation, the Tulane law alumnus also was crucial in securing the cen- & Berkowitz PC (New Orleans). ter’s federal tax-exempt status as a nonprofit in August 2009. Moreover, David Malcolm D. Meyer has been elected to Weigel most recently has taken over the helm of Lighthouse as president. partnership in Adams and Reese LLP Prior to leading the organization’s executive committee, Weigel served as (New Orleans). Meyer works extensively the Collier County Government Attorney for nearly 15 years, before his eyesight with clients in the areas of commercial completely deteriorated in 2007. real estate transactions, banking and While growing up in Indianapolis, Weigel suffered an accident at 13 that finance, lease negotiation, and zoning resulted in his losing sight in his left eye. With one eye remaining, however, and land use issues. Meyer also is well experienced in the area of Louisiana Weigel explained that adaptation was almost effortless. He played tennis and base- title issuance issues and is a licensed ball, attended law school, and worked in Europe for two years and the Indiana Louisiana Title Insurance Agent. Attorney General’s Office for five. In 2003, Weigel’s right eye started to have hemorrhaging that would temporari- Ryan D. Showalter was one of three ly disrupt his vision; in time, surgery compromised his vision to a moderate degree. lawyers promoted to Principal of Miles & With his vision declining, he began receiving mobility and orientation training Stockbridge PC (Easton, Md.) in 2010. through the Visually Impaired Persons of Southwest Florida Inc. (VIP) in 2007. Chad V.Theriot has been elected into 2010–11 “I resisted this early and did not want to come to grips that this would be my the partnership of Kilpatrick Stockton life,” said Weigel, whose orientation specialist, Mike Brust, has helped him see LLP (Atlanta), where he focuses his through his impairment ever since. litigation practice on construction and “He has come a long way,” Brust stated, adding that the mobility training is government contract law. FALL\WINTER the only way someone visually impaired or blind can gain independence. 2 0 0 2 Among Weigel’s destination goals is Fifth Avenue South, where he used to William H. Berglund has been promot- LAWYER enjoy the restaurants but hasn’t been for a while. ed to Counsel in the Cleveland office of Weigel remains optimistic, avowing, “There’s no reason why they can’t be Tucker Ellis & West LLP. Berglund is a somewhat every day places again.”

TULANE member of the firm’s trial department, 42 58080_TulLaw_36-48:58080_TulLaw_36-48 2/9/11 3:57 PM Page 43

practicing in the area of professional and products liability. ALLEN AMBROSINO (L ’06) Neely Sharp Griffith has been elected into Public Defender, West Palm Beach the partnership of Author, Walk High… Sleep Low…; Jones, Walker, Waechter, Learning To Fly; and What Now? Poitevent, Carrère & Denègre (Business & Commercial Litigation, New Orleans). LLEN AMBROSINO has journeyed around the world through Jennifer Stolier has sixty-five countries, more than six continents, trying to experi- joined Lemle & Kelleher, Aence a sliver of what the world has to offer. Trekking to Everest LLP as Special Counsel Base Camp, being the first person of the day to reach the summit of Kilimanjaro, in the Admiralty Section exploring the wonders of Machu Picchu after taking on the famed Inca Trail (New Orleans). Her prac- and wandering up Ayers Rock to appreciate the endless flatlands of the Outback, tice focuses on admiralty, Ambrosino has been living out the traveler’s dream for more than a decade now. transportation, insurance In 2003, Ambrosino journeyed a different yet equally challenging route as a 34- defense, personal injury, and toxic year-old first-year law student at Tulane. Meanwhile, he has published three high- tort litigation. ly regarded novels: Walk High…Sleep Low…; Learning To Fly; and What Now? George R. Tadross (LLM) has joined Dilworth Paxson LLP’s International Law Group as an associate. Tadross concentrates his practice in the area of “JUST GOT BACK FROM A THREE-YEAR AROUND THE WORLD International Trade Law, with an emphasis TRIP ... ICE CLIMBING IN ARGENTINA, GORILLA TRACKING on export compliance law, import compli- IN UGANDA, REACHING THE TOP OF KILIMANJARO AND ance law, customs, admiralty/maritime law, and transportation law. Prior to join- HANGING IN EVEREST BASE C A M P, ALONG WITH NUMEROUS ing the firm, Tadross was counsel for a OTHER EXPERIENCES HAVE BEEN VERY FULFILLING ... NOW leading aerospace and defense contractor. I AM A 1 L IN TULANE LAW SCHOOL....”* Amy Vazquez has joined Jones, Walker, Waechter, Poitevent, Carrère & Denègre —ALLEN AMBROSINO (Houston). Vazquez practices in the areas of business litigation, class action, ener- gy, oil and gas, and public utility law. Prior to joining the firm, she was with the Hou- Sometimes in life, the system that attempts to integrate ston office of Lemle & Kelleher, L.L.P. us all into the daily grind misses a beat and we are able to break free from its requirements to do something out 2 0 0 3 of the ordinary—something life changing that can bring Carney Anne Chester and her husband, us places we never would have seen

Matt (L ’04), returned to New Orleans in if we followed the safer, well-traveled FALL\WINTER 2008. Carney Anne works in the Career path. People are confronted with Development Office at Tulane Law choices like this once or twice in School where she counsels students on their lives, and sadly most choose to 2010–11 public interest and sports law opportuni- let them go because they fear the ties. She recently completed a graduate unknown. As the saying goes, “fear causes hesitation…[and

degree from George Washington TULANE hesitation causes your worst fears to come true].” University, with a focus on legislative advocacy for animal welfare issues, and has served on the Board of Directors for —Editorial Review, Learning To Fly LAWYER the Humane Society of Louisiana since 2009. Matt works in the financial crimes *WritersNet® 43 58080_TulLaw_36-48:58080_TulLaw_36-48 2/9/11 3:57 PM Page 44

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unit of the United States Attorney’s Office for the Eastern District of Louisiana and as DARRYL BERGER (L ’72) an adjunct professor of law at Tulane. President, The Berger Company The couple welcomed their first child, Jackson, on Dec. 30, 2009.

BERGER ON BOARD

ulane University has selected New Orleans businessman and community leader Allen E. Frederic III and Asher J. DARRYL BERGER as its representative on the board that will govern the pro- Friend have been elected into the part- posed University Medical Center (UMC), an academic medical center that will T nership of Jones, Walker, Waechter, serve the healthcare needs of the community. Poitevent, Carrère & Denègre, effective “Now that the governor has announced his proposed slate of non-permanent, inde- Jan. 1, 2010 (Corporate & Securities, pendent trustees for the University Medical Center board, Tulane feels it is appropriate New Orleans). and desirable for the permanent members to announce their representatives,” Tulane President Scott Cowen said. “Hopefully, the entire governing board will be seated as Margaret Holleman has been promoted to assistant legal officer at the Metropol- quickly as possible so this critical community project can move forward expeditiously.” itan Nashville Airport Authority. In her A memorandum of understanding signed by Tulane, Gov. Bobby Jindal, and new role, Holleman provides legal opin- Louisiana State University in August 2009 gives the governor the right to nominate ions on behalf of the Authority in various four non-permanent, independent board members. areas of business law. In addition, she Tulane and Xavier universities are allowed to appoint one permanent member prepares and assists the authority staff in each while LSU will have four permanent members and Southern University, Dillard developing contracts, resolutions, and University and Delgado Community College have one permanent member on a rotating other legal documents, ensuring compli- ance with local, state, and federal law and regulations. Prior to joining the “[DARRYL] IS THE PERFECT CHOICE TO HELP Airport Authority, Holleman served as director for Policy Development and ENSURE THAT THE UNIVERSITY MEDICAL CENTER Analysis with the Metropolitan Public FULFILLS ITS MISSION.” Health Department of Nashville and Davidson County. Her legal career also —TULANE UNIVERSITY PRESIDENT SCOTT COWEN includes work for the Metropolitan Government of Nashville and Davidson County’s Department of Law and the City basis. According to the memorandum of understanding, the UMC board has authority of New Orleans’ Planning Commission. for decisions related to the proposed hospital. She and her husband, Jason Holleman 2010–11 A familiar and respected name in the New Orleans community, Berger, a native (L ’98), have a 2 1/2-year-old daughter, of the city, has been at the forefront of real estate transactions for nearly three decades. Cecilia Charlotte, and welcomed a son, He has been active as a leader in the development of the New Orleans riverfront and as Walter Daniel Carr, on March 24, 2009.

FALL\WINTER a property owner in the French Quarter. Berger is a member of the Board of Tulane and Melissa Montle, an attorney with the its executive committee. Innocence Project (Tallahassee), was part “Tulane has benefited for years from Darryl’s leadership and wisdom,” Cowen of a team of lawyers that helped exoner- LAWYER said. “He is the perfect choice to help ensure that the University Medical Center ful- ate a man who spent 35 years behind fills its mission to care for our citizens, educate our medical students, and provide bars for a crime he did not commit.

TULANE high-paying jobs for years to come while being well-managed and financially sound.” Montle has been with Innocence Project 44 58080_TulLaw_36-48:58080_TulLaw_36-48 2/9/11 3:57 PM Page 45

since July 2008. She and her husband authorized the forma- Medicine, where she teaches Health Law reside in Florida. tion of the NLBF, and Regulation to graduate students in whose purpose is to the Master of Public Health and Master 2 0 0 4 raise funds for scholar- of Health Administration programs. Her Nicole Roberts Dillon has been elected ships and charitable donations to deser- practice focuses on representing parties into the partnership of Seale & Ross ving individuals and endeavors in the in the health care industry with regard APLC and is practicing in the areas of Middle Tennessee community. The NLBA to regulatory and compliance matters, family law, successions, real estate and is an affiliate chapter of the National Bar including Stark and Anti-Kickback laws, commercial transactions. Association and was founded in 1933 to certification, accreditation, and reim- Maria J. Wing was elected to the Woods serve many functions in the African- bursement issues. American and the legal communities. Services Foundation Board of Trustees. Joseph Hugg has joined Lemle & Based in Langhorne, Pa., since 1913, Kelleher, LLP (New Orleans). Hugg is Woods Services has provided specialized 2 0 0 7 Samuel P. Blatchley has joined Partridge an associate practicing in the area of services to people of all Snow & Hahn LLP (Providence, R.I.), as Labor and Employment Law. ages who suffer from an associate and member of the firm’s disabilities. As an asso- Thomas Patrick O’Connor married Litigation Practice Group. Blatchley ciate in the law firm of Elizabeth Courtney McLennan on July focuses on admiralty and maritime law. Stradley Ronan’s busi- 10, 2009, in Old Greenwich, N.Y. ness practice group, Kara J. Bruce joined the University of Thomas is a litigation associate in the Wing focuses her prac- Toledo College of Law faculty in 2010. New York office of the Chicago law firm tice on real estate, commercial finance, As an assistant professor, Bruce teaches Winston & Strawn. Elizabeth teaches and other general business matters. commercial law courses, including sixth-grade social studies and English at Secured Transactions and Commercial the Eastern Middle School in Greenwich. 2 0 0 5 Paper. Prior to joining Toledo’s faculty, 2 0 0 8 Mary-Louise Phelps, a senior associate Bruce worked as an attorney in the Bank- Abbott M. Jones has joined Christian with R. William Funk and Associates, ruptcy and Restructuring Group of Locke & Small LLP (Birmingham, Ala.), as an executive search firm specializing in Lord Bissell & Liddell LLP (Chicago). higher education, helped lure Professor an associate in the appellate litigation Jeffrey Talley from Notre Dame to Elizabeth R. Carter assumed a new posi- practice group, after completing her Southern Methodist University. D tion in June 2010 as law professor at the clerkship with the Honorable Karon O. Magazine, out of Dallas/Fort Worth, told Louisiana State University Paul M. Hebert Bowdre, U.S. District Court, Northern the alluring story entitled “General Law Center, where she commutes from District of Alabama. Badass: How God and the Hunt family New Orleans. Carter teaches civil law and lured one of the most decorated engi- estate planning courses at LSU. In August 2 0 0 9 neers in the country from Notre Dame 2009, Carter graduated from the Univer- Shannon Thornhill Brown has joined to SMU,” in their November 2009 issue sity of Alabama with an LLM in Tax. the New Orleans-based law firm of (McAlley). Galloway, Johnson, Tompkins, Burr Mollye Monceaux Demosthenidy has & Smith PLC. John Thomas Shockley has been named joined Jones Walker’s Health Care prac- shareholder in the Municipal practice at tice as an associate (New Orleans). Prior Victoria A. Gallo has Ohnstad Twichell PC (West Fargo, N.D.). to joining Jones Walker, Demosthenidy joined Jones Walker’s Shockley will focus on Public Finance worked as an associate attorney at Business & Commercial and Securities Law, Municipal Law, and Sullivan, Stolier & Resor in New Orleans Transactions Practice FALL\WINTER Municipal Litigation. He also is the City as a member of the firm’s healthcare Group and will practice Attorney for several smaller communities practice. She also serves as an adjunct from the firm’s New surrounding the City of Fargo. assistant professor at Tulane University Orleans office. School of Public Health and Tropical 2010–11 2 0 0 6

Kinika Young, an associate at the law TULANE firm of Bass, Berry & Sims PLC in “To err is human; to forgive, divine.” –Alexander Pope Nashville, Tenn., has been elected to the board of directors of the Napier-Looby Every effort has been made to proofread the various class notes. If, for any LAWYER Bar Foundation (NLBF). In 2001, the reason, your news lacks accuracy, please accept our sincere apology and convey the correct information to the editor via e-mail, [email protected], Napier-Looby Bar Association (NLBA) or telephone, (504) 865-5976. Due to space limitations, notes may be edited for length, content, and style. 45 58080_TulLaw_36-48:58080_TulLaw_36-48 2/9/11 3:57 PM Page 46

ALMA MATTERS

In 2010, 305Tulane Law School alums CityBusiness ‘2010 Leadership in Law’ Richard Simmons (’75) were selected for inclusion in Super Lawyers. honorees announced: Stephen Conroy (’76) Jim Letten (’79) 40%Tulane Law School alums. William Schwartz (’79) Of the 50 honorees named to last year’s Walter Becker (’82) CityBusiness Leadership in Law class, Stephen Bruno (’82) SIX Tulane Law School alums 20 are alums of Tulane Law School. Leonard Davis (’84) joined New Orleans Mayor Mitch Landrieu’s Started in 2005, Leadership in Law Martha Curtis (’90) transition team and task forces: recognizes 50 area legal professionals in Rachel Wisdom (’90) Christopher Beary (’93) Phyllis Taylor (’66)—member, four categories: firm associated, court Stephen Herman (’94) NOPD Task Force associated, in-house counsel, and educa- Andrew Lee (’95) David Marcello (’71)—co-chair, tors. Honorees are selected based on their Celeste Coco-Ewing (’97) Transition panel on Blight professional and community involvement Richard Exnicios (’98) James M. Lapeyre Jr. (’78)—co-chair, and achievements that have set the pace Christopher Ralston (’99) Transition panel on City Contracting for the overall community. Monica Sanchez (’03) Rod West (’93)—co-chair, Alumni being recognized are as follows: Transition panel on Recreation Rene Curry (’65) All honorees were recognized at Daniel Davillier (’94)—member, Malcolm A. Meyer (’71) a cocktail reception on March 16 Economic Development Task Force Edward Poitevent (’74) at the New Orleans Museum of Art. Walter Leger III (’03)—member, Paul Batiza (’75) Economic Development Task Force

IN MEMORIAM Guy C. Lyman Jr. (’58) David P. Harper (’70) November 24, 2009 March 26, 2009 Herbert A. Graf Sr. (’39) Monteagle, Tenn. Fort Pierce, Fla. November 29, 2009 Frank C. Allen Jr. (’64) Thomas E. Magill (’78) Baton Rouge, La. September 29, 2009 October 5, 2009 Yvette Sherman Jackson (’39) Pass Christian, Miss. Atlanta, Ga. November 15, 2009 Edward de la Garza (’64) James Bryce Wadley (’79) Houston, Texas December 6, 2009 January 1, 2010 Fred A. Coon Jr. (’41) Miami, Fla. Topeka, Kan. April 18, 2009 Hon. James H.C. Thomas Jr. (’64) Jonathon L. Bookman (’81) Monroe, La. October 1, 2010 December 26, 2009 George W. Liskow (’47) Hattiesburg, Miss. Pine Bluff, Ark. October 17, 2009 Hon. Perrell Fuselier (’68) William Chapman (’82) Arcadia, Calif. May 3, 2010 October 20, 2009 2010–11 John G. Miller Jr. (’47) Oakdale, La. Fairlee, Vt. October 18, 2009 Joe Henry Hamner Jr. (’69) Terry Allbritton (’86) Metairie, La. August 31, 2009 December 31, 2009 Rep. John Rarick (’49) FALL\WINTER Washington, D.C. Monroe, La. September 14, 2009 Toshimitsu Takaesu (’69) James R. Cox (’93) St. Francisville, La. October 8, 2009 September 17, 2009 LAWYER Hon. Shirley G. Wimberly Jr. (’50) Seattle, Wash. Madison, Ind. September 17, 2009

TULANE Stockbridge, Ga. 46 58080_TulLaw_36-48:58080_TulLaw_36-48 2/9/11 3:57 PM Page 47

REUNIONS 2 0 0 9 LAW CLASS OF 1974 35th REUNION Friday, October 9 Lunch at Galatoire’s

LAW CLASS OF 1964 45th REUNION* Frank Courtenay (L ’64, right) catches up with fellow alumnus Jim Thomas (L ’64)** and former grade school classmate Sheila Manes at a cocktail party honoring the law class’s 45th reunion. Richard Currence (L ’64) and his wife Rebecca hosted the evening affair at their home in Uptown New Orleans on Friday, October 2, 2009. * Editor Lauren Vergona Gavioli extends her sincere regrets to the law class of ’64 for a camera malfunction that prevented her from capturing the class photograph on Oct. 2. She invites reunion attendees to e-mail pictures from the weekend for reprint in the next issue of the Tulane Lawyer. E-mails should be sent to [email protected]. ** IN MEMORIAM: Judge James H.C. Thomas Jr. of Hattiesburg, Miss., passed away October 1, 2010.

LAW CLASS OF 1969 40th REUNION Saturday, October 10 Cocktail Buffet at Ralph’s on the Park Below: LAW CLASS OF 1984 25th REUNION Saturday, October 10 Cocktail Buffet at Galatoire’s FALL\WINTER 2010–11 TULANE LAWYER

47 58080_TulLaw_36-48:58080_TulLaw_36-48 2/9/11 3:57 PM Page 48

ALMA MATTERS

TAX TOPICS FOR THE PHILANTHROPIC: AN ATTORNEY’S GUIDE

ENDOWED GIFTS PROVIDE LASTING SUPPORT

by Lizbeth A. Turner (L ’85) More than 165 endowed funds support Tulane Law School, including the lthough donors and their following new funds established in the past fiscal year: advisors often focus on the • Paul Barron Professorship in Law Endowed Fund tax advantages of charitable • James J. Coleman Sr. Visiting Professorship in Law giving, it also is important A • Joseph A. Ettinger Endowed Fund in Law to consider how the gift will be used • C. Mark Whitehead Jr. MD Law Scholarship Endowed Fund by the charitable donee. An often over- looked topic when planning a charitable gift is whether the gift will create an required minimum amount may be governed by the Uniform Prudent endowed fund. higher by the time the charity receives Management of Institutional Funds Act, An endowed fund is a permanent the bequest. La. R.S. 9:2337.1–9:2337:10, which fund, with only the endowment payout Information on Tulane’s minimum became effective July 1, 2010. Most available for the charity to spend. The amounts for endowed funds can be states have adopted a version of this endowment payout may include not only found at http://tulane.edu/giving/invest. uniform act. income such as dividends and interest, Since endowed funds are permanent, but also capital gain and some principal. it is a good idea for the donor to permit For more information about endowed It is often calculated as a percentage some flexibility if the fund is designat- funds, including sample language, con- of endowment value averages over a ed for a particular use. Allowing for an tact Tulane’s Office of Planned Gifts at period of time. alternative use or granting the charity 800-999-0181 or [email protected]. The endowment payout is used for discretion to change the use if the origi- the purpose specified by the donor. A nal purpose is no longer feasible can To discuss other ways to support donor should discuss the proposed use ensure that the fund will continue to Tulane Law School or simply to make a of any substantial gift—endowed or not meet the charity’s long-term needs and gift to the law school, contact Shannon —with representatives of the charity be used in a manner most closely D. Woodward, senior director of develop- before making a gift. By doing so, the reflecting the donor’s wishes. ment, at [email protected] or donor can clarify any questions about In Louisiana, endowed funds are (504) 862-8559. his or her intent. Also, the charity can help the donor match his or her interests with the needs of the charity and pro- JAMES COLEMAN PROFESSORSHIP vide sample language establishing an endowed fund. The family of James J. Coleman Sr. (L ’37) Endowed funds are especially suit- has established a visiting professorship at able for memorializing the donor or the Tulane Law School in his memory. The 2010–11 donor’s family and friends through the professorship enables the law school to invite name of the fund. The donor should a distinguished international legal scholar clearly state in the gift document his each year to teach a course in an advanced

FALL\WINTER or her intention to create a named international subject. Coleman practiced law endowed fund. for 40 years while leading local and interna- Many charities require a minimum tional businesses. The law school thanks the LAWYER amount to establish a named endowed Coleman family, especially Dorothy Jurisich fund. If a bequest written today is Coleman (NC ’41) and James Coleman Jr.

TULANE designated for an endowed fund, the James J. Coleman Sr. (L ’68) for the gift. 48 58080_TulLaw_Cvr:58080_TulLaw_Cvr 2/9/11 3:59 PM Page CvrC

SAVE THE DATES

DATE TIME EVENT TITLE LOCATION

Feb. 17 5 p.m. Dermot S. McGlinchey Lecture on Federal Litigation Tulane Law School (TLS)/Weinmann Hall (WH) “The Tension Between Independence and Reception to follow in the Accountability in State and Federal Courts” Multipurpose Room (MPR) Prof. Sanford Levinson, Univ. of Texas Law School Mar. 18–19 7 a.m. Income Tax Conference TLS/WH202 Mar. 21 5:30 p.m. Eberhard P. Deutsch Lecture on International Law TLS/WH110 “International Environmental Governance and Access Reception to follow in the MPR to Environmental Information: The Right to Know” Peter H. Sand, Institute of International Law, Munich Mar. 23–25 TBD 23rd Annual Admiralty Law Institute McAlister Auditorium at Tulane University Mar. 25 1:30 p.m. Admiralty Alumni Reunion Arnaud’s Restaurant, 813 Bienville St. Mar. 31 8:20a.m.–6p.m. 23rd Corporate Law Institute The Roosevelt New Orleans, Apr. 1 8:30a.m.–2:30p.m. Waldorf-Astoria, 123 Baronne St. Apr. 1 TBD “Future of Copyright” Speaker Series TBD Prof. Siva Vaidhyanathan, media studies, Univ. of Virginia School of Law Apr. 9 8–11 p.m. Law Class of 2006 5th Reunion Cocktail Party Ritz Carlton New Orleans, Penthouse, 921 Canal St. Apr. 12 1 p.m. “Future of Copyright” Speaker Series TLS/WH251 David Carson, General Counsel, Copyright Office Apr. 14 11:30 a.m. New Orleans Alumni Luncheon Ritz Carlton New Orleans, 921 Canal St. Apr. 18 1 p.m. “Future of Copyright” Speaker Series TLS/WH251 Jule Sigall, Microsoft May 12 4 p.m. Tulane University Unified Commencement Ceremony Ernest N. Morial Convention Center 900 Convention Center Blvd. May 13 3 p.m. Tulane Law School Commencement Ceremony Tulane Fogelman Arena, Central Building, Uptown Campus

***PLEASE NOTE THAT ALL EVENTS ARE SUBJECT TO CHANGE.*** To confirm event details and check for updated information, visit the Tulane Law School website at www.law.tulane.edu. For more information on Continuing Legal Education (CLE) opportunities, call 504-865-5900 or visit www.law.tulane.edu/cle. For details regarding class reunions and alumni events, or to confirm times and locations of all the happenings listed above, please contact Ellen Brierre, law alumni affairs, at 504-865-5920 or via e-mail, [email protected]. 58080_TulLaw_Cvr:58080_TulLaw_Cvr 2/9/11 3:59 PM Page CvrD

NON-PROFIT ORGANIZATION U.S. POSTAGE PAID NEW ORLEANS, LA PERMIT NO. 2 6 9 7 TULANE UNIVERSITY LAW SCHOOL JOHN GIFFEN WEINMANN HALL 6 3 2 9 FRERET STREET NEW ORLEANS, LA 7 0 1 1 8

ADDRESS SERVICE REQUESTED

ADDRESS UPDATE /CLASS NOTE “What we now need to do Send class notes to Ellen Brierre, law alumni affairs Mail: Tulane Law School, Alumni Affairs, 6329 Freret St., New Orleans, LA 70118 is to energetically reassert E-mail: [email protected] ourselves so that the rest Fax: 504-862-8578 Web: http://tulane.edu/alumni/tellusyournews.cfm of the world fully knows just To update your information, visit http://tulane.edu/alumni/updateyourinfo.cfm

how strong we really are.” Name______Class Year______

Dean David Meyer Home Address______

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